Be Ready for the New TCPA Rules and Regulations

October 28, 2013
  • Channel Blend Preparing for TCPA, October 16, 2013

Are you ready for the new TCPA changes?

New Telephone Consumer Protection Act (TCPA) rules and regulations took effect on October 16, 2013. Before the new provisions were instituted this year, the original TCPA was passed into law in 1991 and contained a plethora of provisions including:

  • Prohibiting hours in which solicitors were able to call residences
  • The creation of the Do Not Call list and laws to enforce it
  • Required solicitors to provide basic identification, such as name, company for which they work, and location
  • Various other specific activities were prohibited including regulating faxes, calls to emergency numbers, etc. 

The new provisions build upon these laws, with the following updates:

  • Autodialed and prerecorded messages require an expressly written consent
  • Prior established business relationships became invalid and required new written consent

The new provisions are only those two changes, but they do have a major impact on the telemarketing and telecommunications industry.  The first provision is to eliminate the occurrences of people receiving an autodialed pre-recorded message without prior written consent from the person.  This was mostly used by businesses once they had established a business relationship with the individual, meaning that if a person had ever in the past voluntarily given information to a company with consent to contact them, the company was allowed to legally send autodialed pre-recorded messages. 

Perhaps more significantly than the first provision, is the second provision. The second provision updates all consumers and businesses on the nature of consent relating to autodialed pre-recorded messages. The new provision will not be grandfathered in, rather even business is now required to obtain express written consent to send autodialed pre-recorded messages to customers and clients. 

At Channel Blend we are completely compliant with the TCPA rules and regulations both before the new provisions were introduced and now after they are enforceable.  The lead generation and qualifications that Channel Blend gathers receives express consent from the potential lead as they voluntarily enter their information before we call them.  Additionally, Channel Blend does not use pre-recorded messages when first establishing contact with one of our client’s potential leads as that would be completely contradictory and ruinous to the report we establish before the warm transfer hand-off.