What is the TCPA?
The Telephone Consumer Protection Act (TCPA) is a federal law that regulates telemarketing calls, including those made using auto-dialers, prerecorded voices, and AI technologies. Its primary goal is to protect consumers from unwanted solicitations and ensure their privacy.
Key Compliance Points for Klarissa.AI Clients
- Consent is Crucial
- Express Consent: We must obtain your express consent before making any auto-dialed or prerecorded calls to your wireless number. For telemarketing purposes, this consent must be in writing.
- Written Consent: For telemarketing calls to wireless numbers using an auto-dialer or prerecorded voice, prior express written consent is required.
- B2B vs. B2C Calls
- Business-to-Business (B2B) Calls: The TCPA primarily targets consumer calls, but certain rules also apply to business-to-business (B2B) calls. Calls to business landlines are generally less restricted compared to consumer calls.
- Business-to-Consumer (B2C) Calls: More stringent regulations apply to calls made to consumers, including the need for express written consent for auto-dialed or prerecorded calls to wireless numbers.
- Automated Systems and AI Use
- Autodialers, AI, and Prerecorded Voices: The use of autodialers, AI-generated or prerecorded voices for calls to mobile numbers requires prior express written consent. This includes any system that can store and dial numbers without human intervention.
- Do Not Call Lists
- National Do Not Call Registry: We comply with the National Do Not Call Registry. Calls and text messages will not be made to numbers listed on this registry unless prior express consent has been obtained.
- Company-Specific Lists: We maintain a company-specific Do Not Call list and honor all requests from individuals and businesses to be added to this list.
- Text Messaging
- Restrictions: The same consent requirements for calls also apply to text messages. We obtain prior express written consent before sending any telemarketing text messages to wireless numbers.
- Legal Definition of Telemarketer
- A telemarketer is generally defined by federal and state laws as any person or entity that initiates telephone calls to potential customers with the intent to sell goods or services, conduct surveys, or gather information. This definition is outlined in the Telephone Consumer Protection Act (TCPA) and the Telemarketing Sales Rule (TSR).
Comparison to B2B Sales Organization:
- Telemarketer: Primarily aims to sell a wide range of products or services, often targeting individual consumers or businesses indiscriminately, usually without a pre-existing relationship.
- B2B Sales Organization: Focuses on selling its own products or services to other businesses through established relationships and personalized sales strategies. The process is more consultative and relationship driven.
Our Commitment to Compliance
- Klarissa.AI’s Record-Keeping
- We maintain detailed records of all consents obtained for our sales, marketing, support and business communications, including dates, times, and methods of consent.
- We maintain accurate records of all calls and text messages used for our business communications, including the date, time, duration, and nature of the communication, are maintained.
- State Laws
- In addition to federal regulations, Klarissa.AI complies with state-specific telemarketing laws that may impose additional requirements or restrictions.
- Employee Training
- Our staff undergoes regular training on TCPA compliance.
- We ensure that all employees are well-informed about the importance of compliance with these regulations.
For More Information
For more detailed information on our telemarketing practices and compliance with the TCPA, please refer to the TCPA document on the FCC’s website. By understanding and adhering to TCPA regulations, we aim to maintain transparency, respect your privacy, and ensure a high standard of communication. Thank you for your trust in Klarissa.AI.