TCPA/CTIA Compliance and 2X Solutions: What You Need to Know
At 2X Solutions, we prioritize compliance with the Telephone Consumer Protection Act (TCPA) and Cellular Telecommunications and Internet Association (CTIA) and ensure that our platform helps your bus…
At 2X Solutions, we prioritize compliance with the Telephone Consumer Protection Act (TCPA) and Cellular Telecommunications and Internet Association (CTIA) and ensure that our platform helps your business operate within the law. Below is a breakdown of the key rules and how 2X Solutions aligns with them:
1. Consent Requirements
Your Responsibility: Before calling or texting customers or delivering prerecorded messages to cell phones, your company must obtain prior express written consent from the recipient.
2. Calling Times
TCPA Rule: Telemarketing calls can only be made between 8:00 AM and 9:00 PM (local time of the recipient). Some states, however, restrict calls prior to 9:00 AM and after 8:00 PM.
2X Compliance: To stay within state-specific guidelines, the 2X platform will only call recipients from 9:00 AM to 8:00 PM in each states time zone. We use the recipient’s zip code (or area code, when zip code is unavailable) to determine the correct time zone. We highly recommend using zip codes to stay compliant with all state and federal telecom rules. There are additional time restrictions on Saturday calling. We highly recommend using zip codes to stay compliant with all state and federal rules
Some states, such as Florida, Maryland, and Oklahoma, limit calling to no more than three times within a 24-hour period. The 2X platform addresses this by automatically restricting workflow calls to three attempts within any rolling 24-hour timeframe.
3. Do Not Call (DNC) Registry
Telemarketers must update their call records every 31 days to ensure compliance with the DNC Registry.
2X Compliance: The 2X platform can cross-check recipients against the Do-Not-Call (DNC) Registry, if your company has purchased the DNC registry. You would need to supply 2X the SANS# from your purchased list and we will cross check it for you in real-time. Since your company has a 90-day exemption to contact recipients after the last conversation if they are on the DNC registries, 2X Solutions may not have visibility into your last contact date and additional processes could be implemented to help. 2X Solutions can run the few state DNC registries for you at no additional fee. You are responsible for ensuring that:
4. Identification Requirements
TCPA Rule: Calls must clearly state:
- The name of the caller.
- The name of the entity on whose behalf the call is made.
- A phone number or address for contact.
5. Opt-Out Mechanism
TCPA Rule: All telemarketing calls must include an interactive opt-out mechanism so recipients can revoke consent immediately.
2X Compliance:
- The platform automatically opts out recipients upon request and stops all future workflow calls for that recipient.
- Opt-out notifications are sent to your CRM via webhook or included in the post-call data within a downloadable CSV file.
6. Call Abandonment
TCPA Rule: The abandonment rate for calls answered must not exceed 3% over a 30-day period.
2X Compliance: The platform is designed to connect with recipients within the mandated 2-second time frame, ensuring that abandoned calls remain below 3% over a 30-day period. Additionally, we maintain detailed call abandonment logs to meet regulatory requirements.
7. 2-Second Rule Call Connection
TCPA Rule: Calls initiated via automated dialing systems must connect to a live agent within 2 seconds of the recipient answering.
2X Compliance: The 2X platform is programmed to immediately respond when a recipient answers, ensuring compliance with the 2-second and abandon call rules. Additionally, we maintain detailed call logs to meet regulatory reporting requirements for this rule.
8. Call Recording
TCPA Rule: Call recording must comply with state and federal laws. Some states require all-party consent, while others allow one-party consent.
2X Compliance: The 2X platform offers the option to record calls.
9. Call Transcript Retention
TCPA Rule: Records of AI–customer interactions, including call transcripts and voicemails, must be retained in accordance with applicable federal and state regulatory recordkeeping requirements to support compliance, audits, and dispute resolution.
2X Compliance: The 2X platform securely captures and stores transcripts of AI–customer interactions and any AI-generated voicemails. All transcripts are retained for a period of five (5) years, ensuring regulatory compliance, auditability, and the ability to review historical interactions when required.
10. Record Keeping
Maintain Records:
2X retains all call records for the regulatory-mandated period of five years.
11. TSR (Telemarketing Sales Rule)
Ring Duration: The telemarketing sales rule requires telemarketers to let the phone ring for at least 15 seconds or four rings before disconnecting. The 2X platform is programmed to ring for at least 15 seconds before disconnecting.
Your Role with 2X Solutions
While the 2X platform is designed to assist with compliance, your company is responsible for:
- Securing prior express written consent from recipients.
- Screening recipients against the DNC Registry and maintaining updated records.
By working together, we ensure both compliance and an effective, consumer-friendly telemarketing strategy. If you have questions, please reach out to your 2X Solutions representative for further guidance.
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