TCPA Compliance | MCA Voice AI

Our TCPA Commitment

MCA Voice AI is committed to full compliance with the Telephone Consumer Protection Act (TCPA) and all related Federal Communications Commission (FCC) regulations. We understand the importance of protecting consumers from unwanted calls and texts, and we have built our platform with compliance as a foundational principle.

Important: While our platform includes compliance features, ultimate responsibility for TCPA compliance rests with our customers who use our services to make calls. This page outlines both our platform's compliance features and your obligations as a user.

What is the TCPA?

The Telephone Consumer Protection Act (TCPA), enacted in 1991 and amended several times since, is a federal law that restricts telemarketing communications via telephone, fax, and text messages. The law was created to protect consumers from unwanted solicitations and requires businesses to obtain proper consent before making certain types of calls.

Key TCPA Provisions

Prior Express Written Consent

Required before making autodialed or prerecorded calls to wireless numbers for marketing purposes

National Do Not Call Registry

Telemarketers must honor the National DNC Registry and maintain their own company-specific DNC lists

Time Restrictions

Calls cannot be made before 8:00 AM or after 9:00 PM (recipient's local time)

Caller ID Requirements

Accurate caller identification information must be transmitted

Opt-Out Mechanism

Clear and easy opt-out procedures must be provided during each call

Penalties: TCPA violations can result in significant penalties, including $500 to $1,500 per call/text. Violations can be enforced through private lawsuits, FCC enforcement actions, and state attorney general actions.

How Our Platform Supports TCPA Compliance

MCA Voice AI has built multiple compliance features into our platform to help you meet your TCPA obligations:

Consent Verification System

Our platform includes built-in consent tracking and verification. You can upload consent records, and our system will flag contacts without documented consent before calls are made.

Consent timestamp logging
Consent source documentation
Consent renewal tracking
Audit trail for compliance verification

Do Not Call (DNC) List Management

Comprehensive DNC list management to prevent calls to numbers on federal, state, and internal DNC lists.

National DNC Registry integration (available)
Company-specific DNC list management
Automatic DNC scrubbing before campaigns
Real-time opt-out processing during calls
DNC list import and export capabilities

Time Zone Intelligence

Automatic time zone detection and call scheduling to comply with time-of-day restrictions.

Calls scheduled only between 8 AM - 9 PM local time
Automatic time zone conversion
Holiday and weekend exclusions (configurable)
Configurable calling windows per campaign

Caller ID Management

Accurate caller identification to meet TCPA caller ID requirements.

Accurate caller ID transmission
Verified phone number registration
No caller ID spoofing or masking
Callback number validation

Opt-Out Automation

Automated opt-out processing that respects consumer preferences immediately.

AI recognition of opt-out requests during calls
Immediate DNC list addition upon opt-out
Opt-out confirmation to the consumer
Cross-campaign opt-out enforcement

Call Recording and Documentation

Complete call recording and documentation for compliance verification and dispute resolution.

All calls recorded and transcribed
Secure cloud storage with encryption
Searchable transcription database
Export capabilities for legal compliance
Retention policies aligned with legal requirements

Compliance Reporting

Detailed compliance reports to support your TCPA documentation requirements.

Consent verification reports
DNC list scrubbing reports
Call timing compliance reports
Opt-out tracking and processing reports
Audit-ready documentation exports

Your TCPA Compliance Responsibilities

CRITICAL: While we provide compliance tools, you are ultimately responsible for ensuring your use of our platform complies with all applicable laws, including the TCPA.

Customer Obligations

As a customer using MCA Voice AI services, you must:

1. Obtain Proper Consent

You must obtain and document prior express written consent before calling wireless numbers for marketing purposes.

Consent must be clear, conspicuous, and separate from other terms
Consent must specify that calls may use automated technology
Consent must be obtained in writing (including electronic signatures)
Maintain records of how and when consent was obtained

2. Scrub Against DNC Lists

Regularly scrub your contact lists against the National DNC Registry and maintain your own company-specific DNC list.

Access National DNC Registry at least every 31 days
Maintain internal DNC list of opt-out requests
Honor opt-out requests immediately (within 30 days max)
Keep DNC records for at least 5 years

3. Respect Time Restrictions

Configure your campaigns to comply with time-of-day restrictions.

No calls before 8 AM or after 9 PM (recipient's local time)
Consider state-specific time restrictions where applicable
Respect consumer preferences for call timing

4. Provide Clear Opt-Out Options

Configure your AI scripts to clearly offer opt-out options during calls.

Inform consumers they can opt out at any time
Make opt-out process simple and immediate
Process opt-out requests promptly
Confirm opt-out requests to consumers

5. Maintain Accurate Records

Keep detailed records to demonstrate TCPA compliance.

Consent documentation with dates and sources
DNC list scrubbing records
Call logs with timestamps and outcomes
Opt-out request records
Call recordings and transcriptions

6. Stay Informed on Regulations

TCPA regulations and FCC interpretations change periodically. Stay informed about current requirements.

Monitor FCC announcements and rule changes
Consult with legal counsel familiar with TCPA
Attend industry compliance training
Review and update compliance procedures regularly

Established Business Relationship (EBR) Exception

The TCPA includes an exception for calls made in the context of an Established Business Relationship (EBR). Understanding this exception is important for compliance:

What Qualifies as an EBR?

An EBR exists when:

The consumer has made a purchase, transaction, or inquiry within the past 18 months
The call relates to the same type of products or services as the prior relationship
The consumer has not requested to be placed on your DNC list

Important Limitation: Even with an EBR, you still need prior express written consent to make autodialed or prerecorded calls to wireless numbers for marketing purposes. The EBR exception primarily applies to manual calls and calls to landlines.

TCPA Compliance Best Practices

Follow these best practices to minimize TCPA compliance risks:

Get Clear Consent

Use clear, conspicuous consent language that specifically mentions automated calls to wireless numbers.

Document Everything

Maintain detailed records of consent, DNC scrubbing, and all calling activities.

Regular DNC Scrubbing

Scrub your lists against the National DNC Registry at least monthly and before each campaign.

Honor Opt-Outs Immediately

Process opt-out requests immediately and ensure no further calls are made to those numbers.

Train Your Team

Ensure everyone involved in calling campaigns understands TCPA requirements.

Regular Compliance Audits

Conduct periodic internal audits of your calling practices and consent records.

Use Accurate Caller ID

Always display accurate caller ID information that recipients can use to call back.

Consult Legal Counsel

Work with attorneys experienced in TCPA compliance to review your practices.

Additional TCPA Resources

For more information about TCPA compliance, consult these official resources:

Federal Communications Commission (FCC)

https://www.fcc.gov/consumer-governmental-affairs/telemarketing

National Do Not Call Registry

https://www.donotcall.gov

Federal Trade Commission (FTC) - Telemarketing Sales Rule

https://www.ftc.gov/legal-library/browse/rules/telemarketing-sales-rule

Questions About TCPA Compliance?

If you have questions about our platform's compliance features or need assistance with compliance setup, please contact us:

Compliance Support:

compliance@mcavoiceai.com

Phone:

(716) 300-6607

Note: This information is provided for educational purposes and does not constitute legal advice. For specific legal guidance regarding your TCPA compliance obligations, please consult with qualified legal counsel experienced in telecommunications law.