Oh Shit - TCPA (Telephone Consumer Protection Act) USA
These upcoming TCPA changes (effective April 11, 2025) will significantly impact AI voice agents, cold calling systems, SMS campaigns, and chatbots—especially those used in outbound lead generation or marketing. 🔧 1. Cold Calling with AI Voice Agents Major Impact: AI voice agents that make outbound cold calls (even if "live" or interactive) must comply with stricter consent rules. Express Written Consent Required: You can no longer rely on broad or bundled consent. Each AI call needs prior written, specific, and individual consent per seller. No “Partner” Sharing: AI systems that rely on shared databases of leads across multiple clients (e.g., lead brokers) will be in violation unless each client has their own direct consent. Reduced Revocation Window: Opt-outs must be honored within 10 business days, so AI systems need near-instant sync with opt-out databases. 💬 2. SMS & Chat Message Campaigns Major Impact: Text and chatbot communications must now be tightly aligned with how, when, and where the user gave consent. One Seller Only: If your chatbot or SMS campaign is promoting multiple products/brands, that’s now a no-go unless each has distinct consent. Topical Relevance Required: Consent given on a skincare site, for example, cannot be used to send texts about unrelated offers like insurance. Broadened Opt-Out Methods: Systems must allow users to opt out via any reasonable method—not just by texting “STOP.” AI chatbots need NLP logic to understand opt-outs like “Don’t message me anymore” or “Leave me alone.” 🔍 3. Record Keeping & Compliance Tracking Major Impact: AI platforms need to store consent logs, timestamps, opt-out requests, and proof of disclosures for each recipient. If you're running multiple campaigns or using third-party AI cold call platforms, you need to confirm that they log and store this data securely. ✅ To Stay Compliant with AI-Powered Outbound Campaigns You’ll need to: ✅ Collect clear, written, per-seller consent. ✅ Log who consented, when, where, and how (with proof).