TCPA compliance

The Telephone Consumer Protection Act (TCPA) governs when and how businesses can call consumers in the US. In February 2024, the FCC ruled that AI-generated voices count as “artificial voices” under the TCPA, so any call made by an AI agent requires prior express written consent from the contact before you dial.

PeakSend enforces calling hour windows and do-not-call lists automatically, but compliance ultimately depends on how you source and manage your leads.

This page is for informational purposes only and is not legal advice. Consult an attorney familiar with telemarketing regulations for guidance specific to your business.

Prior express written consent

The TCPA requires “prior express written consent” (PEWC) before making telemarketing calls with artificial or prerecorded voices. AI voice agents fall under that category, so every contact you add to PeakSend needs to have given PEWC before the agent calls them.

For consent to be valid, it must be:

• Written: a signed agreement, including electronic signatures on web forms
• Clear enough that the consumer understands what they’re agreeing to
• Specific to AI/automated calls: the disclosure has to mention artificial or automated voice technology
• Not a condition of purchase

Example opt-in disclosure

Below is sample disclosure language for a web form where leads submit their info. Have your attorney review it before using it.

By submitting this form, you consent to receive phone calls from [Your Company Name],
including calls made using artificial voice technology and automated dialing systems,
at the phone number you provided. This consent is not a condition of any purchase.
You may revoke consent at any time by telling the agent to stop calling or by
contacting us at [contact method]. Message and data rates may apply.

Lead vendors vs. your own ads

If you run your own ads and collect leads on your own forms, you control the consent language directly. Make sure your form includes a disclosure covering AI/automated voice calls.

If you buy leads from a vendor, the lead still needs to have given PEWC that covers automated and AI voice calls. Confirm with your vendor that their consent language includes this.

Note

PeakSend is designed for opt-in calls only. Never upload contacts who haven’t given prior express written consent covering AI/automated calls.

Calling hours

The TCPA restricts telemarketing calls to 8:00 AM — 9:00 PM in the contact’s local time (47 CFR 64.1200(c)(1)). Eleven states enforce a stricter 8:00 PM cutoff.

PeakSend enforces these windows automatically. Before placing a call, the system checks the contact’s local time using the best available timezone data. The resolution order is:

1. The contact’s explicit timezone (if provided by your CRM)
2. The contact’s state (mapped to the state’s timezone)
3. The phone number’s area code

PeakSend also blocks calls on recognized US holidays.

To set your own calling schedule on top of these compliance windows, see Business hours.

Do-not-call list handling

PeakSend keeps a company-specific do-not-call (DNC) list for your account. The TCPA requires every company making telemarketing calls to keep an internal DNC list and honor opt-out requests.

When a contact says “stop calling me,” “take me off your list,” “don’t call me again,” or something similar during a call, the AI agent adds them to your DNC list right away. DNC contacts are blocked from all future calls. DNC status also syncs to your connected CRM.

National Do Not Call Registry

PeakSend doesn’t scrub your contact lists against the National Do Not Call Registry. Because PeakSend only supports opt-in calls (contacts who have given PEWC) you’re generally exempt from the National DNC Registry requirement for those contacts.

You still need to honor any contact who asks to be added to your company-specific DNC list, regardless of their consent status.

Penalties

TCPA violations carry a $500 fine per violation, or $1,500 if the violation was willful. Each call to a non-consenting contact counts separately. Consumers can also sue directly under the TCPA, and class actions are common.

What you’re responsible for

PeakSend handles calling hours and DNC lists. The rest is on you:

• Get valid PEWC before uploading contacts
• Make sure your consent language covers calls made with AI or automated voice technology
• Keep records of how and when you got consent for each contact
• Confirm that any lead vendors you use collect consent covering AI/automated calls
• Talk to an attorney for guidance specific to your industry and jurisdiction