TCPA (Telephone Consumer Protection Act)
The Telephone Consumer Protection Act (TCPA) is a federal law that regulates telemarketing calls, auto-dialed calls, pre-recorded messages, and text messages to protect consumers from unwanted communications. For businesses using AI-powered calling and SMS, TCPA compliance is essential to avoid lawsuits that can cost $500 to $1,500 per violation.
What Is the TCPA?
The Telephone Consumer Protection Act is a United States federal law enacted in 1991 that sets strict rules on how businesses can contact consumers by phone and text. It governs the use of auto-dialers, pre-recorded voice messages, and SMS marketing — requiring prior express consent before outreach and mandating Do Not Call (DNC) list compliance. For any business deploying AI agents to make calls or send texts, understanding and adhering to TCPA rules is not optional — it is a legal imperative backed by Plura's compliance infrastructure.
How TCPA Compliance Differs From General Marketing Regulations
While many marketing regulations focus on email or digital advertising, the TCPA specifically targets phone-based and SMS-based outreach with some of the strictest enforcement in the industry. The consequences for non-compliance are severe and immediate.
- Per-violation penalties: TCPA violations carry fines of $500 per unsolicited call or text, and up to $1,500 for willful violations — costs that scale rapidly across high-volume campaigns.
- Private right of action: Unlike many regulations, TCPA allows individual consumers and class-action groups to sue businesses directly, creating a cottage industry of serial litigants.
- Consent requirements: TCPA mandates prior express written consent for marketing calls and texts made using automated technology, with specific documentation standards.
- DNC obligations: Businesses must maintain internal Do Not Call lists and honor the national DNC registry, scrubbing contact lists before every campaign.
Why TCPA Compliance Matters for Business Owners
TCPA lawsuits have become one of the fastest-growing legal risks for businesses that rely on phone-based outreach. In recent years, TCPA-related class action settlements have reached tens of millions of dollars, and the volume of individual litigation continues to climb. For call centers and sales teams running AI-powered campaigns, a single compliance gap can turn a profitable operation into a legal liability.
Are your outbound campaigns automatically scrubbed against the latest DNC lists before every dial? Do you have real-time monitoring that flags potential TCPA violations before they become lawsuits? What would it cost your business if a serial litigant found their way into your campaign list?
How Plura Fits This Category
Plura is the only AI voice platform integrated with The Blacklist Alliance's real-time TCPA Litigation Firewall®, offering a level of compliance protection no other vendor provides natively. Combined with Plura's predictive dialer, every outbound campaign is automatically shielded from litigation risk.
- TCPA Litigation Firewall®: Real-time screening against known litigants, serial plaintiffs, and DNC violations — updated continuously and running automatically.
- Automated DNC scrubbing: Built-in Do Not Call compliance that scrubs contact lists before every campaign launch.
- Time zone management: Auto-adjusts dialing to respect legal calling hours across every jurisdiction.
- Full audit trails: SOC 2-certified logging ensures every interaction is traceable for compliance review.
Key Capabilities of TCPA-Compliant Communication Platforms
When selecting a platform for AI-powered calling and SMS, TCPA compliance capabilities should be evaluated carefully:
- Real-time litigant screening: Blocking known serial TCPA plaintiffs before they enter your campaign.
- Consent management: Documenting and verifying prior express written consent for every contact.
- Automated campaign safeguards: Enforcing calling-hour restrictions, DNC compliance, and opt-out processing without manual intervention.
- Compliance reporting: Generating audit-ready reports that demonstrate adherence to TCPA requirements.
FAQs related to
TCPA (Telephone Consumer Protection Act)
What is the difference between TCPA compliance and general telemarketing regulations?
The TCPA is specifically a federal law governing phone calls and text messages, with uniquely harsh penalties including a private right of action that allows consumers to sue businesses directly. General telemarketing regulations, such as FTC rules, may overlap but do not carry the same per-violation statutory damages or litigation exposure. TCPA compliance requires specific consent documentation, DNC list management, and calling-hour restrictions that go beyond standard marketing best practices.
Does the TCPA apply to AI-powered calls and automated text messages?
Yes. The TCPA applies to any call or text made using an automatic telephone dialing system (ATDS) or artificial or prerecorded voice, which includes AI-generated calls and automated SMS campaigns. Businesses deploying AI agents for outbound communication must secure prior express written consent and comply with all TCPA requirements, regardless of whether a human or AI initiates the contact.
How does Plura's TCPA Litigation Firewall protect against lawsuits?
Plura integrates directly with The Blacklist Alliance's TCPA Litigation Firewall, which screens every outbound contact in real time against a continuously updated database of known TCPA litigants, serial plaintiffs, and DNC-registered numbers. This prevents your campaigns from reaching individuals who are most likely to file lawsuits, dramatically reducing litigation exposure before a single call is placed.
Is TCPA compliance only a concern for large call centers?
No. Any business that makes automated calls or sends marketing text messages is subject to TCPA rules, regardless of size. Small businesses and startups are frequently targeted by professional TCPA litigants who systematically identify non-compliant outreach. The financial impact of even a small number of violations can be devastating for businesses without enterprise-level legal budgets.
What are the best practices for maintaining ongoing TCPA compliance?
Best practices include scrubbing contact lists against the national DNC registry and internal opt-out lists before every campaign, documenting prior express written consent for all contacts, enforcing time-zone-aware calling hours, monitoring for known litigants in real time, and maintaining comprehensive audit logs. Using a platform like Plura that automates these safeguards natively reduces the risk of human error and ensures compliance at scale.