Support built for risk-aware growth
Telephone Consumer Protect Act (TCPA) compliance is complex and highly scrutinized, and the pressure only increases when violations can result in class action lawsuits, penalties and a damaged reputation. Work with a team who understands the impact that TCPA requirements can have on your operations and the proven techniques and strategies you need to strengthen compliance.
Wipfli has audited over 10 billion records, served as expert witnesses on over 150 cases and supported over 2,500 companies with a wide range of compliance challenges. Our TCPA compliance solutions can help ensure your customer outreach is compliant while empowering your marketing and sales goals.
Keep pace with regulatory shifts
The TCPA’s variety of requirements related to phone calls, text messages and faxes aren’t static. Regulations, rulemakings and interpretations are always changing, requiring compliance guidance that meets your current state and can help you adapt quickly.
Wipfli connects you directly to our experience compliance officers, putting their knowledge right at your fingertips. We review your marketing campaigns to help ensure compliance with all applicable state telemarketing laws, while keeping you up-to-date on the latest regulatory shifts.
Get guidance at the level you need
Maintaining federal, state and do-not-call compliance can be operationally challenging when outreach is a critical part of driving revenue and engagement. At Wipfli, we can help you keep compliance and growth priorities aligned, with services tailored to fit your business’s unique needs and the support that’s most vital to your operations.
Make compliant outreach part of your operations
From maintaining detailed documentation to overseeing both internal and third-party activities, organizations that take an operational approach to telemarketing regulations will be better positioned to implement a robust, defensible compliance program. Wipfli helps you take policies and procedures from paper to an embedded part of your operations, whether you need support for identifying and remediating gaps or critical insight into customer engagement activities.
Explore our TCPA compliance services
Direct marketing campaign reviews
We review your direct marketing campaigns to help ensure they meet TCPA compliance, the Telemarketing Sales Rule and multi-state telemarketing compliance.
Policy and procedure development
Our experienced team can help you develop and implement outreach policies and procedures that are within the bounds of federal and state telemarketing regulations.
Call monitoring
Help ensure agents are following your organization’s calling policies and procedures with our call monitoring services.
Post-call data audits
We analyze your post-outbound calls to help ensure that your outbound efforts comply with federal and state telemarketing rules.
Regulatory updates and analysis
Wipfli keeps you up-to-date with regulatory changes and their potential impact on your organization, including changing rules around auto dialer and robocall compliance.
Vendor management
We can vet proposed vendors as well as monitor your existing vendors to help ensure their outreach efforts are not exposing your organization to unnecessary risks.
Compliance training
We train your staff so that they are aware of their responsibilities under the TCPA and other regulations and less likely to commit violations.
Operational and technical guidance
Leverage our guidance to get the most out of your operational procedures and technology.
Monitoring and enforcement
Our compliance monitoring services can help oversee your compliance efforts and policies to help ensure that they are being adhered to.
Why Wipfli?
Wipfli’s TCPA compliance consulting is designed to support your organization with practical, defensible solutions that allow you to focus less on compliance and more on outreach.
Our approach goes beyond policy creation. We leverage our extensive experience and innovative technology to help you strengthen monitoring, education, documentation and operational oversight, making it easier to demonstrate compliance as TCPA requirements and enforcement expectations continue to evolve. We also provide program benchmarking so that your teams know how your program compares to peers.
We’re ready to help you build a business-aligned TCPA compliance program that protects your organization with responsible marketing and sales activity.
Our team
Durward J. Ferland, Jr., CISA, CISM, CRISC
Durward has extensive knowledge of System and Controls (SOC) auditing and the Control Objectives for Information and Related Technology (COBIT). Leveraging over 18 years of IT experience, he also regularly performs IT audits, IT general control reviews, and readiness assessments for organizations across many industries.
TCPA compliance services FAQ
What is the TCPA?
The Telephone Consumer Protection Act (TCPA) was signed into law in 1991 and became one of two key federal rules, the other being the Telemarketing Sales Rule (TSR), covering telephone communications in the United States.
Any person, business, or entity that conducts telephone solicitations needs to comply with the TCPA. The TCPA covers voice calls, faxes, VoIP calls, and text messages. If an organization uses a third party to make calls on its behalf, it could be held liable for any TCPA violations made by the third party.
What communications are regulated by the TCPA?
The TCPA covers voice calls, faxes, VoIP calls and text messages. The law defines “telephone solicitation” as “the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person, but such term does not include a call or message (A) to any person with that person’s prior express invitation or permission, (B) to any person with whom the caller has an established business relationship, or (C) by a tax-exempt nonprofit organization.”
What are the TCPA compliance requirements for businesses?
The TCPA has a variety of requirements related to phone calls, text messages and faxes. For your organization to maintain TCPA compliance, it needs to be doing the following:
Consent and contact requirements
- Suppressing against the national DNC registry and state DNC lists when required.
- Accept and honor DNC requests from consumers and keep a centralized list of such requests along with the dates they were made.
- Obtain prior express written consent when using autodialers or prerecorded messages.
- Only make calls between the hours of 8:00 a.m. and 9:00 p.m. at the recipient’s location.
- Ensure caller ID is displayed.
- Disclose certain material facts, including the agent’s name, company name and contact information.
- Send a DNC policy to a consumer if requested.
Agent training and operational practices
- Train all telephone agents on their compliance responsibilities prior to engaging with customers.
- Monitor the abandonment rate when predictively dialing. For calls answered by a live person, the abandonment rate shouldn’t exceed 3% in a 30-day period (per campaign).
- Include an automated opt-out feature in abandonment messages and prerecorded messages.
- Monitor and enforce internal (and external third parties) for compliance.
Documentation and recordkeeping
- Maintain records of compliance.
Ready to get started? See how we can help you reduce your risk profile.
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