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TCPA Compliance Policy

Last updated: January 1, 2025

1. Overview

The Telephone Consumer Protection Act (TCPA) is a federal law that restricts telemarketing communications via phone calls, text messages, and fax. LeadVoice Pro is committed to helping our users maintain compliance with TCPA regulations. However, ultimate responsibility for compliance rests with the user of our Service.

2. Prior Express Consent Requirements

Before making any call using LeadVoice Pro, you must obtain prior express written consent from the recipient. This consent must:

  • Be in writing (electronic or paper)
  • Include the phone number that will receive calls
  • Clearly disclose that consent is being given to receive calls
  • Specify the purpose of the calls (sales, informational, etc.)
  • Include your company name and identity
  • Be separate from other legal terms or be clearly highlighted
  • Include an acknowledgment that consent is not required as a condition of purchase

Documentation Requirements

You must maintain records of all consent for a minimum of 4 years, including:

  • Date and time consent was obtained
  • Method of consent collection (web form, paper, verbal)
  • Copy of the consent language presented
  • IP address or signature verification
  • Phone number(s) authorized for contact

3. Do Not Call Registry Compliance

You must comply with the National Do Not Call Registry and maintain your own internal Do Not Call list:

National DNC Registry

  • Scrub your calling lists against the National DNC Registry every 31 days
  • Do not call numbers on the registry unless you have an Established Business Relationship (EBR)
  • EBR expires 18 months after the last purchase or inquiry

Internal DNC List

  • Maintain your own company-specific Do Not Call list
  • Add numbers to your DNC list immediately upon request
  • Process must be available in every call
  • Honor requests within 30 days
  • Keep DNC records for 5 years

LeadVoice Pro DNC Features

Our platform provides tools to help you manage DNC compliance:

  • Built-in DNC list management
  • Automatic blocking of numbers on your DNC list
  • Bulk upload capabilities for DNC lists
  • Integration with National DNC Registry (via third-party services)
  • Audit trails for all DNC additions

4. Calling Hours Restrictions

Calls must only be placed during permitted hours in the recipient's local time zone:

Federal Requirements

  • Calls permitted: 8:00 AM to 9:00 PM local time of the recipient
  • No calls on Sundays before 8:00 AM or after 9:00 PM
  • Time zone must be determined by area code and/or zip code

State-Specific Restrictions

Some states have more restrictive calling hours. You must comply with the most restrictive applicable law:

Examples:

  • Arizona: 8:00 AM - 9:00 PM
  • Arkansas: 8:00 AM - 9:00 PM
  • California: 8:00 AM - 9:00 PM
  • Florida: 8:00 AM - 8:00 PM
  • Louisiana: 8:00 AM - 8:00 PM
  • Nevada: 8:00 AM - 9:00 PM
  • North Carolina: 8:00 AM - 9:00 PM

LeadVoice Pro Time Zone Detection

Our platform automatically detects time zones based on:

  • Phone number area code
  • Zip code (if provided)
  • State information
  • Automatic blocking of calls outside permitted hours

5. Two-Party Consent States

Some states require all parties to a phone conversation to consent to recording. When calling numbers in these states, you must:

Two-Party Consent States:

  • California
  • Connecticut
  • Florida
  • Illinois
  • Maryland
  • Massachusetts
  • Michigan
  • Montana
  • Nevada
  • New Hampshire
  • Pennsylvania
  • Washington

Compliance Requirements

  • Inform the recipient at the beginning of the call that it is being recorded
  • Obtain explicit verbal consent to continue the recorded call
  • If consent is not given, stop recording immediately
  • Document all recording consent separately

LeadVoice Pro Recording Features

  • Automatic detection of two-party consent states
  • Configurable recording consent prompts
  • Option to disable recording for specific states
  • Beep tone notification (if required)

6. Opt-Out Mechanism

You must provide a clear and easy way for recipients to opt out of future calls:

  • Automated opt-out method available during the call
  • Train AI agents to recognize and honor opt-out requests
  • Process requests immediately (within the same call)
  • Confirm opt-out to the caller
  • Add number to your internal DNC list automatically
  • Honor requests for at least 5 years

Acceptable Opt-Out Phrases

Your AI agent should be configured to recognize variations of:

  • "Stop calling me"
  • "Remove me from your list"
  • "Don't call again"
  • "Add me to your do not call list"
  • "I don't want to receive calls"
  • "Take me off your list"

7. Recordkeeping Requirements

Maintain comprehensive records for all calling activities:

Required Records (Minimum 4 Years)

  • Written consent documentation
  • DNC list with dates of requests
  • Call logs with date, time, duration, and outcome
  • Scripts and disclosures used
  • Training materials for agents
  • Procedures for handling DNC requests
  • National DNC Registry subscription confirmation
  • Recording consent documentation

LeadVoice Pro Compliance Dashboard

Access comprehensive compliance reporting at /dashboard/compliance:

  • Consent log viewer and export
  • DNC registry management
  • Call history with compliance indicators
  • Audit trail for all compliance actions
  • Automated compliance reports

8. Penalties for Violations

TCPA violations carry severe penalties:

Federal Penalties

  • $500 per violation (per unauthorized call)
  • Up to $1,500 per violation if willful or knowing
  • Class action lawsuits allowed
  • No maximum cap on damages

State Penalties

Many states have additional telemarketing laws with separate penalties. Some states allow damages of $500-$25,000 per violation.

Best Practices to Avoid Violations

  • Always obtain clear written consent before calling
  • Scrub against DNC lists regularly
  • Honor opt-out requests immediately
  • Respect calling hours in all time zones
  • Maintain detailed compliance records
  • Train staff and AI agents on TCPA requirements
  • Conduct regular compliance audits
  • Use LeadVoice Pro's built-in compliance features

9. User Responsibilities

As a user of LeadVoice Pro, you acknowledge and agree that:

  • You are solely responsible for TCPA compliance
  • You will obtain all required consents before making calls
  • You will maintain accurate DNC lists and honor all opt-out requests
  • You will comply with all federal, state, and local regulations
  • You will use LeadVoice Pro's compliance tools appropriately
  • You indemnify LeadVoice Pro from any TCPA violations you commit

10. LeadVoice Pro Compliance Tools

We provide the following tools to assist with TCPA compliance:

  • Consent management system with audit trails
  • Internal DNC list with automatic call blocking
  • Time zone detection and calling hours enforcement
  • Two-party consent state detection
  • Configurable recording consent prompts
  • Opt-out phrase recognition in AI agents
  • Comprehensive compliance reporting and exports
  • Integration options for third-party DNC services

While these tools help facilitate compliance, they do not guarantee it. You remain responsible for configuring and using these tools correctly.

11. Contact Information

For questions about TCPA compliance or our compliance tools, contact:

LeadVoice Pro Compliance Team

Email: compliance@leadvoiceproai.com

Phone: +1 (555) 000-0000

Address: 123 Tech Street, San Francisco, CA 94105

Disclaimer: This document provides general information about TCPA compliance. It is not legal advice. Consult with a qualified attorney for legal guidance on your specific situation.