When it comes to data privacy, several legal regulations are being introduced on a daily basis, and these laws are being enforced with a singular motive in mind, and that is to protect the data that businesses and other entities collect from individual users, and the manner in which they are used are being regulated by these regulations as well.
The TCPA, or the Telephone Consumer Protection Act, is one of the oldest privacy laws to be implemented This is a federal regulation that was conceptualized in 1991 and is aimed at protecting telephone users within the USA. Nowadays, TCPA compliance is a major area covered by data privacy solution companies as well, and several tools are used by businesses and individuals alike to reap the maximum benefits from these regulations.
Here, we will look at what this regulation stands for, and what tools can be used to ensure TCPA compliance. So, let’s start.
What is the TCPA?
Well, as aforementioned, TCPA, or the Telephone Consumer Protection Act, was incorporated by the USA in 1991, and there are a number of things that this law aims to achieve. The Federal Trade Commission (FTC) is the body that oversees the implementation of these laws, and they are empowered to impose fines, and other punishments as they may deem necessary if the terms mentioned under this law are breached. Some of the aspects covered under the TCPA are.
- The act has prohibited the use of ATDS or an Automatic Telephone Dialing System. These systems enable businesses and other entities to dial or contact an individual via pre-recorded messages or voice calls. According to the TCPA, companies cannot do so without the prior consent of the individuals. Maintaining this consent can be done by tools that are supplied by the various companies that are operating in this space, and they can help ensure compliance.
- According to an amendment to the TCPA, companies need to adhere to and respect the DNC list that is maintained at the federal level, as well as with the companies themselves. This list contains the contacts and details of all those people who have expressly asked not to be called or contacted. A violation of this DNC can be prosecuted by the FTC, and thus, ensuring TCPA compliance regarding these are crucial for businesses.
- According to this law, the callers are mandated to provide accurate details regarding their identities, the name of the company on whose behalf they are calling, and other pieces of information that may be asked for.
- The time duration in which a company can call an individual is restricted by the TCPA as well. Averagely, companies can call the individuals between 8.00 AM and 9.00 PM in the receiver’s time zone, but this may vary from state to state.
The aforementioned are some of the provisions contained in the TCPA, whereas other details may be amended and added later on. Now, let us take a look at how automation and tools can be used to ensure compliance.
How to ensure TCPA compliance?
Now, the simple answer to that question would be to avoid violating the guidelines that are placed within the TCPA, but that is easier said than done. One of the best ways in which this can be achieved is by integrating automation, and other automated systems within the company’s operations. Some tools and systems that can be used to ensure compliance are as follows.
- DNC scrubbing- One of the key components of ensuring TCPA compliance is adhering to the DNC that is maintained by the state, as well as the companies themselves. An effective DNC scrubbing tool helps remove inappropriate leads while recommending only those that are part of no such lists.
- Dynamic scripting- According to the TCPA, callers must disclose various details to comply with the regulations, but this can be downright difficult, as there are several data sets that they would need to memorize, and this issue gets exaggerated when one needs to call across state lines. A dynamic scripting system creates a predetermined script, and this helps the callers comply with the regulations when they are calling their leads.
- Session recording- When it comes to complying with the TCPA, a session recording through a good CMP system can play a major role as well. Once the user/visitor has consented to his/her session being recorded, the privacy suite would record the said session. These individual sessions can be studied and analysed at a later date to improve the overall user experience. By using a privacy and consent management system, TCPA compliance can be a breeze.
- Call times- An automated system wouldn’t just help the company maintain the consent, but adhere to the call time requirements as well. Since these times can vary from one state to the other, an automated system can help comply with these requirements.
- A call log management tool- Reviewing the quality of each call, and ensuring TCPA compliance is essential, but manually undertaking a QC process can be tedious. A call log management tool helps ensure compliance.
When it comes to ensuring TCPA, tools, and software can help make the overall process seamless. There are several aspects of this law that one must keep an eye out for, and a quick search online would reveal the solutions and tools that can use to ensure TCPA compliance.