Best Practices for DNC and TCPA Compliance

Year after year consumer trust and brand loyalty continue to be integral to the success of organizations. Can your organization afford to be the headline in major DNC and TCPA violation news? Not to mention the mountain of fines and legal fees associated with these types of violations.

DNC and TCPA compliance should be top of mind for every organization performing telemarketing outreach. To safeguard your organization against the effects of violating TCPA regulations, follow these best practices.  

Best Practices 

Obtain proper consent  

It is imperative that organizations obtain proper consent before contacting consumers. This is one of the main regulations under the TCPA, and the backbone of remaining compliant. Obtaining proper consent ensures your organization is complying with federal regulations, protecting consumer privacy, enhancing customer relationships, and mitigating risks.   

Maintain and honor Do Not Call lists  

Another best practice to safeguard your organization from TCPA violations is to maintain and honor do not call lists. To avoid violating DNC regulations, it is important to avoid calling consumers who are on the federal, state or an internal DNC list. Companies that illegally call numbers on the national do not call registry can currently be fined up to $50,120 per call.  

Keep records of consent  

Not only is obtaining proper consent important, but keeping records of consent is equally important. In the case of an audit, you want to be sure you can provide the proper documentation needed. Failure to obtain clear and documented consent from consumers can lead to hefty fines and penalties.  

In most instances, expressed written permission (consent) does not expire. Once a consumer opts-in to receive text messages, organizations are permitted to contact them until the organization receives an opt-out notice or consent is revoked. However, this rule can vary by state. For example, consent in the state of Florida expires after 18 months, making it so consumers have to opt-in again after that time to continue to receive messages. It is vital that organizations monitor consent expirations so that they can legally contact them again.  

Regularly update consumer contact info  

Periodically verify and update contact information to avoid contacting the wrong person. Consumers could change their phone number for any number of reasons. Since consent is tied to the person being called and not the actual phone number, it is important to ensure you are contacting the correct person you are intending to reach. To avoid violating compliance laws, make sure your consumer contact info is always up to date.   

Include clear opt-out information in all communications  

Always include clear opt-out information in all communications and make the opt-out process simple and easily accessible. This way, your organization is complying with legal standards and respecting customer contact preferences. Including clear opt-out information also enhances brand trust by giving individuals control over their communication preferences and builds a positive brand image.  

Regularly train staff  

Train employees regularly on TCPA compliance, including the latest regulations to avoid violating any laws. It is especially important that customer-facing staff are aware of compliance protocols since they are the employees who will be talking to customers daily. With an educated staff, your organization is less likely to make compliance mistakes.   

Conduct regular risk assessments  

Periodically assess any potential risks related to TCPA compliance in your compliance strategy. Compliance rules and regulations are constantly changing, which means your strategy must be constantly updated as well. Regularly assess your compliance strategy to address any identified risks to prevent issues.  

Stay informed about industry changes and standards  

It is important to stay informed about industry changes and standards when it comes to compliance, so your organization always remains aware of new regulations. When new rules and regulations emerge, adjust your compliance strategy in a timely manner to ensure you remain compliant.  

Read more: The ultimate TCPA compliance checklist

If this article has peaked your interest and you’re looking for more nuanced and detailed information about protecting your organization and ensuring greater consumer trust, download “The Comprehensive Marketing Compliance Checklist for 2024” for a complete list of how to keep your organization protected.

Are you ready to start your compliance journey? 

Implementing an automated compliance solution can take the guesswork out of compliance. If your organization is considering building your own solution, check out our detailed eBook that can be found here about the ROI of a Contact Compliance Solution and information you may need to consider to be successful. If you prefer an professional pre-built solution, Gryph for Compliance implements all of these best practices for your organization, so you don’t have to.  

Gryph for Compliance is the only real-time, automated solution that mitigates risk of DNC and TCPA violations for all outbound communications. Gryphon’s tier 1 carrier-grade networks gets into the path of the call to block non-compliant interactions from any device, regardless of location, to safeguard your organization from making non-compliant calls.  

Our solution leverages real-time updates and manages complex rules and regulations to ensure that you are always protected against federal, state, and local laws. 

Are you ready to start your compliance journey? Contact gryphon.ai today.