TCPA (Telephone Consumer Protection Act)
A US federal law that regulates telemarketing, auto-dialed calls, SMS messaging, and fax advertising. The TCPA requires prior written consent for telemarketing calls, prohibits certain calling practices, and allows consumers to opt out.
What is TCPA (Telephone Consumer Protection Act)?
The TCPA (Telephone Consumer Protection Act), enacted in 1991, is the primary US regulation governing phone-based marketing. It's critical for pay-per-call operators, especially those in outbound calling or lead capture.
Key TCPA rules:
**Prior Written Consent**: Before calling a consumer for telemarketing or lead generation, you must have written consent. This consent can be implicit (the consumer filled out a form on your website requesting a call) or explicit (they checked a box agreeing to be called).
**Do-Not-Call Registry**: You must maintain and query the National Do-Not-Call Registry. Do not call any number on the registry (with limited exceptions for established business relationships).
**Caller ID Requirements**: Caller ID must display accurate information (your company name and phone number). Spoofed or false caller IDs are prohibited.
**Autodialed Calls**: Calls made using an autodialer (including callbacks from IVR systems) have stricter rules. You need written consent and must allow easy opt-out.
**Time Restrictions**: No calls before 8am or after 9pm in the recipient's timezone.
**Opt-Out**: Consumers must be able to opt out from future calls. You must maintain an internal do-not-call list and honor opt-out requests.
**Damages**: Violating TCPA can result in $500-$1,500 per call in statutory damages. A single bad campaign (10,000 non-compliant calls) can cost $5M-$15M.
For inbound pay-per-call (consumers calling you), TCPA is less restrictive. Inbound calls are typically compliant if the consumer initiated the call. But outbound callbacks (lead capture forms → auto-outbound calling) must comply with TCPA.
CallMatrix's lead capture forms and callback features include TCPA compliance tools: consent capture, opt-out management, caller ID accuracy, and time-based routing (no calls before 8am).
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