This checklist is designed for B2C businesses responding to inbound leads from people who voluntarily filled out a form on your website or through lead providers.
It focuses on ensuring compliance when contacting them via phone, text, or email. This is not for outbound cold calls or unsolicited marketing.
1. Make Sure You Have Clear Consent
Every lead you contact must have clearly agreed to hear from your company specifically. Here’s how to ensure you’re covered:
- Consent for Your Business Only: The form they fill out must name your business as the one contacting them. No generic “partners” or “affiliates.”
- Consent for Each Channel: Ensure they agree to receive calls, texts, or emails—be specific about the methods of contact.
- Keep It Simple: Use clear language. Example:
“By submitting this form, I agree to receive phone calls and text messages from [Your Business] related to my inquiry.
Calls and messages may be handled by our AI assistant. Standard messaging and data rates may apply.”
- Clear Identification: Ensure that each message, whether by phone or text, clearly identifies your business.
- Keep a Record: Document when they gave consent, what they agreed to, and how they gave it (e.g., form submission). Store these records for at least five years.
Helpful Tool:
- ActiveProspect’s TrustedForm – This tool automatically captures and stores proof of consent, ensuring you can demonstrate compliance easily.
2. Make It Easy to Opt Out
If someone doesn’t want to hear from you anymore, make sure they can easily opt out. Here’s how:
- Opt-Out Options: Provide simple opt-out methods via phone, text, or email—whichever is easiest for the customer.
- Quick Action: Process opt-out requests within 10 business days and don’t contact them again after that.
3. Stick to Permitted Hours for Calls and SMS
You can only call or text people between 8 a.m. and 9 p.m. in their local time zone. Be sure to:
- Check State-Specific Laws: Some states have stricter rules for calling and texting hours, or may even restrict contact on holidays. Make sure you comply with these additional requirements, especially if you operate in multiple states.
4. If You’re Using AI for Calls, Get Extra Consent
If you’re using Leverly’s AI voice assistant to make calls, be upfront about it and make sure people consent to that. Example opt-in message:
“Calls may be handled by our AI assistant.”
5. Make Sure Your Emails Follow CAN-SPAM Rules
When responding to leads via email, make sure you follow the basics of the CAN-SPAM Act:
- Unsubscribe Link: Every email must include a clear way for the recipient to unsubscribe.
- Handle Unsubscribes Fast: If they unsubscribe, stop emailing them within 10 business days.
- Clear Subject Lines: Use accurate subject lines that reflect the content of the email.
6. Train Your Team
Make sure your team knows how to manage leads properly. They should understand:
- How to verify if someone has given consent.
- How to process opt-outs correctly.
- The importance of following compliant calling and texting times and methods, including state-specific laws where applicable.
7. Stay on Top of Changes
Laws change, and some states have their own rules. Keep up with TCPA and related regulations by consulting legal counsel to ensure you stay compliant.
Recommended Tools for Managing Compliance
- ActiveProspect’s TrustedForm
Automatically captures and certifies consent from inbound leads, making compliance easy to manage.
Learn more
Additional Reading to Dive Deeper
- TCPA World – A great source for in-depth updates on TCPA compliance and litigation.
- Federal Communications Commission (FCC) – Telemarketing Rules
The FCC’s official guidelines for businesses on telemarketing rules under the TCPA.
Learn more from the FCC
- Federal Trade Commission (FTC) – CAN-SPAM Act Compliance
Best practices for businesses sending commercial emails under the CAN-SPAM Act.
FTC CAN-SPAM Act Compliance
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