General TCPA Compliance Reminders for 2025 (Ongoing Importance)

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armdrejoan
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Joined: Tue Jan 07, 2025 4:47 am

General TCPA Compliance Reminders for 2025 (Ongoing Importance)

Post by armdrejoan »

National Do Not Call (DNC) Registry: You must continue to scrub your call lists against the National DNC Registry.
Internal Do Not Call (DNC) List: Maintain your own internal australia phone number list DNC list and honor requests from consumers not to be called by your organization, even if they are not on the national registry.

Calling Time Restrictions: Calls are prohibited before 8 a.m. and after 9 p.m. local time of the recipient.
Clear Disclosures: Telemarketers must identify themselves, the entity they represent, and the purpose of the call at the very beginning of the conversation.

ATDS Definition: While the Supreme Court's Facebook v. Duguid decision narrowed the definition of an ATDS (requiring a random or sequential number generator to produce or store numbers), it did not eliminate the need for PEWC for marketing calls/texts using prerecorded/artificial voices or any ATDS. Litigation around the ATDS definition continues, and it's best to operate cautiously if your dialer has any capacity for random or sequential number generation.

Prior Express Written Consent (PEWC): For marketing calls using an ATDS or artificial/prerecorded voice to cell phones, PEWC is generally required. This consent must be clear, conspicuous, and explicitly authorize calls/texts for marketing purposes.
State-Specific Laws: Always be aware of and comply with state-specific telemarketing laws, which can often be more stringent than federal rules (e.g., Florida, Oklahoma, Washington have specific Mini-TCPA laws that have been very active).
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