TCPA (Telephone Consumer Protection Act)

Telephone Consumer Protection Act (TCPA) is a U.S. federal law enacted in 1991 that restricts telemarketing practices, auto-dialed calls, pre-recorded messages, and text messages to consumers. TCPA enforcement is handled by the FCC and FTC, and private individuals can file lawsuits for violations, often as class actions.

Key TCPA Rules

• Prior express written consent: Telemarketing calls and prerecorded messages to cell phones require written consent before the call (landline calls only need prior express oral consent).
• Do-Not-Call list: Call lists must be scrubbed against the FTC DNC registry before every campaign.
• Predictive dialer abandoned calls: Abandoned-call rate must not exceed 3% (FCC Three-Second Rule).
• Caller ID accuracy: Caller ID must accurately represent the calling party; caller-ID spoofing is prohibited.
• Call time restrictions: Calls must be made between 8am and 9pm recipient's local time zone.

Penalty Structure

• FCC/FTC enforcement: Up to $43,280 per violation (adjusted annually for inflation).
• Private lawsuits: Consumers can sue for $500-$1,500 per call; often aggregated into class actions resulting in millions in damages.

Who Must Comply

TCPA applies to any entity making outbound telemarketing calls or using auto-dialers/pre-recorded calls, including businesses, nonprofits, and technology providers (CCaaS platforms, dialers, AI voice agents).

Workforce Wave TCPA Compliance

Workforce Wave provides built-in TCPA compliance: automatic DNC scrubbing, consent tracking, caller ID authentication (STIR/SHAKEN), abandoned-call monitoring, and detailed audit logs. Organizations deploying Workforce Wave for outbound campaigns can do so with confidence.