Article
TCPA vs. DNC
dnc.com
Quoted on this wiki
Every place a page here uses this source, in the order the words come in it.
Table of Contents What is the TCPA? What is the DNC? Tale of the Tape (TCPA vs. DNC) Frequently Asked Questions Telemarketing compliance is made difficult by the byzantine nature of telemarketing regulations. Any marketer can be forgiven for struggling to keep track of the varying levels of laws, regulatory agencies, and other enforcement mechanisms. However, there are two acronyms that loom large enough in the regulatory landscape that everybody knows them, even if they don’t really understand what they mean: TCPA and DNC. Of course, knowing of the acronyms isn’t sufficient on its own. And mere familiarity necessarily prompts a number of important questions: What is the TCPA? What is DNC? What is the difference between the TCPA and DNC? How do they work? How does one maintain compliance with the TCPA and DNC? While a full account of these regulatory enforcement mechanisms could literally fill an entire book, this article will answer the most essential questions. What is the TCPA? “TCPA” stands for the Telephone Consumer Protection Act. Signed into law by President George H.W. Bush in 1991, it has been the centerpiece of federal telemarketing regulation for nearly 30 years. In fact, the Do-Not-Call Implementation Act of 2003 and the creation of the National Do Not Call Registry were crafted in order to further the directives of the TCPA. The TCPA regulates a number of aspects of telemarketing, from calling time restrictions to dialing technology to identification requirements to restrictions against calling particular groups of people to issues of consent, among others. We will discuss these provisions of the law in greater detail below. One of the key elements of the TCPA is that it allows for a variety of enforcement mechanisms. The TCPA includes a private right of action, allowing consumers to bring individual lawsuits and class actions. “Despite being colloquially referred to as "the DNC List", The National DNC Registry is more accurately described as a database that marketers must search and check their calling lists against before making calls. It is not one, single, long list of numbers.” Tale of the Tape Because the TCPA and National DNC Registry are different forms of federal telemarketing regulations, they differ in terms of what they regulate, how they are enforced, who is responsible for enforcing them, and what the consequences are for marketers who violate them. While they can often be used in tandem, they are distinct forms of regulation. Marketers would be well served to understand the distinctions between the TCPA and DNC list. Frequently Asked Questions Are there calling time restrictions? TCPA: Callers can contact residential consumers only between 8:00 AM and 9:00 PM according to the recipient’s time zone. DNC: Calling time restrictions are enforced by the TCPA and state-level telemarketing regulations. The DNC list does not relate to calling times. Are there internal DNC list requirements? TCPA: Yes. Companies are required to maintain an internal DNC list of consumers who asked not to be called or texted. DNC: Yes. The internal DNC list refers to the Entity-Specific Do Not Call Provision. This provision mandates that telemarketers keep and maintain their own do not call list, specific to their organization. What are the penalties for violations? TCPA: Penalties are levied on a per-violation basis, reaching as high as $500-per-call. Additionally, willful violations may result in trebled damages up to $1,500-per-call. There is no cap on the TCPA’s statutory damages. DNC: A violation of the DNC provision of the TSR can result in fines of up to $43,280-per-call. How is it enforced? TCPA: The TCPA can be enforced through its private right of action in the form of individual lawsuits and class actions filed by consumers who claim to have received calls or texts that violate the law. It can also be enforced through regulatory actions by the FCC and FTC. The TRACED Act has introduced the possibility of the Department of Justice (DOJ) becoming more involved in TCPA enforcement.