RetainCall

TCPA Compliance Guide

Telephone Consumer Protection Act · requirements for RetainCall users

⚠️ Critical legal requirement

TCPA violations can result in fines of $500–$1,500 per text message. Proper consent and opt-out mechanisms are legally required before using RetainCall.

1. What is TCPA?

The Telephone Consumer Protection Act (TCPA) is a federal law that restricts telemarketing calls, auto-dialed calls, prerecorded calls, text messages, and fax advertisements.

2. TCPA Requirements for RetainCall Users

📞 Before using RetainCall SMS features

  • Obtain express consent from customers before sending SMS — electronic methods like IVR keypress and web-form checkboxes qualify as "Prior Express Written Consent" under TCPA and the federal E-SIGN Act. Physical paper is not required.
  • Document consent with date, time, and method of consent
  • Provide clear opt-out instructions in every message
  • Honor opt-out requests immediately (within a reasonable time)
  • Maintain detailed records of all consents and opt-outs

Good news: RetainCall captures and logs consent for you automatically via voice IVR and web widgets. See Section 8 below.

3. Obtaining Proper Consent

✅ Valid consent examples

Electronic consent (most common — what RetainCall uses):

  • Voice IVR keypress — caller hears a clear disclosure ("Press 1 to receive a text follow-up") and presses 1. The keypress is logged with timestamp and the consent prompt audio is recorded.
  • Web form with checkbox — customer fills a form on a website and clicks an unchecked checkbox confirming "I agree to receive SMS messages..." before submitting. The submission is logged with timestamp and IP.
  • Opt-in text — customer initiates by texting "START" or "YES" to your number.

Traditional written consent (optional):

  • Signed agreement — service contract with SMS consent clause (paper or e-signature). Not required if you already have electronic consent above.

❌ Invalid consent examples

  • Pre-checked boxes on websites (must be opt-in, not opt-out)
  • Consent buried in fine print or terms of service
  • Assumed consent from an existing business relationship
  • Voice consent without recording, timestamp, or logged keypress (note: RetainCall's IVR press-1 IS valid because the keypress and timing are logged automatically)
  • Purchased phone number lists

4. Required SMS Message Format

📱 Example compliant message

Hi! Thanks for calling Desert Air & Plumbing. I'm Sara, your AI assistant. What's going on with your system? Reply STOP to opt out, HELP for info.

Required elements in every SMS

  • Clear identification of your business
  • Purpose of the message
  • Opt-out instructions ("Reply STOP to opt out")
  • Help information ("Reply HELP for info") — optional but recommended

5. Opt-Out Requirements

⚡ Immediate action required

  • Process STOP requests immediately (within minutes, not hours)
  • Send confirmation: "You've been unsubscribed. No more messages will be sent."
  • Do not send any further messages to that number
  • Maintain opt-out list indefinitely

Standard opt-out keywords

  • STOP, QUIT, CANCEL, UNSUBSCRIBE, END
  • STOPALL (for multiple services)
  • Case-insensitive variations

6. Record Keeping Requirements

📋 Maintain records for each customer

  • Consent date and method (website, phone, written)
  • Phone number and associated business information
  • All SMS messages sent and received
  • Opt-out requests and dates
  • Business relationship details

💾 Retention period: Keep records for at least 4 years after the last communication.

7. RetainCall Built-in Compliance Features

  • ✅ Automatic STOP keyword processing
  • ✅ Opt-out confirmation messages
  • ✅ Message logging and record keeping
  • ✅ Consent tracking in customer profiles
  • ✅ Business identification in all messages

8. How RetainCall captures consent for you

RetainCall is designed so consent is captured at the moment a customer reaches out — you don't have to manually collect, store, or document anything. Two paths:

📞 Path 1 — Missed-call voice IVR

When a caller reaches your RetainCall number and the call isn't answered, Sara plays a TCPA-compliant prompt:

"Hi, you've reached [your business name]. We can't take your call right now. To get a text back from us so we can help you faster, press 1 now. Otherwise, stay on the line to leave a voicemail."

If the caller presses 1, RetainCall logs the keypress with timestamp, caller phone number, and the consent prompt that was played. This satisfies "Prior Express Written Consent" under TCPA + the E-SIGN Act. SMS only goes out after this consent is recorded.

🌐 Path 2 — Website widget submission

When a customer fills out a contact form on your website powered by the RetainCall widget, the form requires them to actively check a box like:

☐ I agree to receive SMS messages from [your business] about my service request. Message and data rates may apply. Reply STOP to opt out.

The checkbox starts unchecked (no pre-ticked boxes — that would be invalid). When the customer checks it and submits, RetainCall logs the timestamp, IP address, form contents, and the exact disclosure text shown.

You can audit any customer's consent record from your RetainCall dashboard. If a customer ever disputes whether they consented, you'll have the keypress log or web-form submission record to show, including the exact disclosure they saw or heard.

9. Penalties for Non-Compliance

  • $500–$1,500 per illegal text message
  • Treble damages for willful violations
  • Class action lawsuits from affected consumers
  • FCC enforcement actions and fines
  • State attorney general investigations

10. Best Practices for Service Businesses

✅ DO

  • Get explicit consent before using RetainCall SMS
  • Train staff on TCPA requirements
  • Regularly audit your consent records
  • Use clear, professional language in messages
  • Respond to opt-out requests immediately

❌ DON'T

  • Text customers without explicit consent
  • Assume consent from a business relationship
  • Ignore or delay processing opt-out requests
  • Send promotional messages to service numbers
  • Purchase phone lists for cold texting

11. Getting Legal Help

TCPA compliance is complex and the penalties are severe. Consider consulting with:

  • Telecommunications attorneys specializing in TCPA
  • Compliance consultants for SMS marketing
  • Industry associations (HVAC, Plumbing, service industry groups)

📞 RetainCall support

Our team can help you configure compliance settings and understand best practices. Contact support for assistance with consent tracking and opt-out management.

⚠️ Not legal advice

This page is informational only and reflects RetainCall's understanding of TCPA, FCC rules, and the E-SIGN Act as of the last update. It is not legal advice and should not be relied on as a substitute for consultation with a qualified attorney licensed in your jurisdiction. TCPA case law evolves; you are responsible for ensuring your specific use of RetainCall complies with all applicable federal, state, and local laws.