Telemarketing consent + DNC program (TCPA)

Description

US telemarketing law is built around the TCPA and the FTC Telemarketing Sales Rule, with state overlays (Florida's mini-TCPA, Oklahoma's Telephone Solicitation Act, Washington's CPA) that have raised the practical compliance bar above the federal floor. The headline rule is that prior express written consent is required before any autodialed or pre-recorded call or text to a wireless number, and that consent has to be signed (electronic signature counts), specific to the seller, and unbundled from any other agreement. The operational pieces are the consent-capture surface (typically a checkbox plus disclosure language adjacent to the phone-number field), the consent-record retention that proves what was disclosed and what was agreed (the four-year statute of limitations is the practical floor), the internal Do-Not-Call list synced with the federal DNC scrub and any applicable state DNC lists, the time-of-day enforcement (8am to 9pm in the recipient's local timezone), the caller-identification disclosure on the call itself, and the opt-out mechanism that revokes consent on a reasonable channel. The 2024 FCC declaratory ruling extended TCPA's autodialer rules to AI-generated voice, and app push-notification edge cases have become the active litigation frontier. Class-action exposure is the operationally interesting piece; per-call statutory damages compound quickly when the consent record fails.

Applicability

Applies when: markets include US.

How predicates are evaluated

Required by (1 regulation)

• TCPA

  47 U.S.C. § 227 + 47 CFR 64.1200: prior express written consent for autodialed / pre-recorded calls + AI-voice consent (FCC 2024 ruling) + internal DNC + time-of-day + identification + revocation.

  47 U.S.C. §227; 47 CFR §64.1200

  Source →

Fulfilled by (6)

• twilio · partial · medium effort · $$
  Twilio Programmable Voice + Messaging exposes time-of-day routing + opt-out keyword handling; consumer of consent records, not source of truth.
• gryphon-networks · full · medium effort · $$$
  Gryphon Compliance Suite combines federal DNC scrub + state DNC + internal DNC + time-zone routing + AI-voice consent flagging.
• convoso · partial · medium effort · $$
  Convoso outbound dialer with built-in DNC + TCPA-aware time-of-day controls.
• blacklist-alliance · partial · low effort · $
  Blacklist Alliance provides litigator-DB scrub + DNC + reassigned-numbers database for risk reduction.
• onetrust · partial · medium effort · $$$
  OneTrust UCM ingests consent capture across web / IVR / SMS and feeds downstream systems.
• In-house build · high effort
  Building a TCPA program from scratch requires consent capture + DNC scrub + reassigned-number database + retention infrastructure + training.

ClearLaunch does not accept payment from vendors. Methodology.

Evidence formats

• consent capture proof (signed E-SIGN form, opt-in checkbox audit trail)
• internal DNC list + processing log
• federal DNC scrub timestamp per campaign
• time-of-day routing rule documentation
• revocation processing log + SLA evidence