TCPA Consent
TCPA consent is the prior express written authorization required under the Telephone Consumer Protection Act for autodialed marketing calls and texts to mobile phones — a critical compliance obligation for MCA outbound to cellphone numbers.
Why This Matters
TCPA exposure is the largest litigation risk in MCA outbound. The Act requires prior express written consent before autodialed or pre-recorded marketing calls and SMS to cellphones. Violations carry $500-$1,500 per call statutory damages, often aggregated into class actions reaching seven and eight figures. Mitigation strategies: maintain consent records on all dialed leads, scrub against National DNC and state-level lists, limit autodialing to landlines only or manual-mode-only for cellphones, and document business-relationship exemptions where applicable.
Frequently Asked Questions
Frequently Asked Questions
Does TCPA apply to B2B calls?
TCPA applies to all calls to cellphones regardless of business or personal use. Business-to-business calls to landlines are exempt from many TCPA provisions. The challenge: many small business owners use personal cells as business numbers, and TCPA doesn't care about your characterization of the line type.
How do I prove TCPA consent?
Maintain timestamped consent records linking each lead to the specific consent disclosure they accepted. Form fills should include explicit consent language and capture timestamp, IP address, and disclosure version. Without documented consent, defending TCPA litigation is dramatically harder.