While the Services provided by DialMyCalls.com are a very powerful tool for many different organizations, you should be aware that the Services need to be used in a responsible way and in full compliance with all applicable federal, state and local government regulations. You and your organization are completely liable for all calls and text messages that are sent from your account. DialMyCalls.com is in no way responsible for the content and messages that you send to the recipients that you select. Below is a little information to help you make the right decisions when using our system.
The Telephone Consumer Protection Act (TCPA) and the Federal Communications Commission’s (FCC) regulations implementing the TCPA are arguably the most important rules that you need to understand in order to ensure that your messages remain fully compliant with any applicable legal obligations. Generally speaking, the TCPA sets ground rules for sending autodialed and/or prerecorded messages to consumers by telephone and text message, and places greater consent requirements on telemarketing messages and calls to cellular telephones. For example, a school district sending a prerecorded message regarding a school closure to a parent’s landline telephone would not require any type of consent under the TCPA, but the same informational call to the parent’s mobile telephone number would require the parent’s “prior express consent,” which is generally satisfied by the individual releasing his or her telephone number to you. Telemarketing messages, by contrast, require the message recipients’ “prior express written consent.”
Sending unsolicited messages in violation of the TCPA can give rise to costly and significant lawsuits, as well as enforcement actions instituted by the Federal Communications Commission (FCC), so we encourage you to review the links provided above and seek the advice of an attorney to ensure that the messages you send are fully compliant with the FCC’s regulations.
The TCPA does contain additional obligations beyond obtaining the appropriate level of consent to send autodialed and/or prerecorded messages. For example:
- All prerecorded voice telephone messages should provide the identity of the business that is responsible for initiating the call at the beginning of the message.
- During or after the prerecorded message, the business making the call should clearly state its telephone number where it can be reached.
- For all prerecorded telemarketing messages, the business that sends the message is required to provide an opt-out mechanism for the called person to make a do-not-call request. The opt-out should include brief instructions on how to use this mechanism (e.g. automated, interactive voice- and/or key press-activated) within two (2) seconds of providing the business’ name (required at the beginning of the call).
In addition to the TCPA, there are other laws that relate to the use of telecommunications to send messages, particularly telemarketing messages. The Federal Trade Commission (FTC) enforces the Telemarketing Sales Rule and offers guidance on complying with it. Other useful guidance from the FTC includes:
- Rules on prohibiting unwanted prerecorded commercial calls
- The amendments to the Telemarketing Sales Rule regarding prerecorded calls
- The Federal Do-Not-Call registry rules
Finally, you should check the state laws where you are calling to for any additional restrictions, as states can impose more restrictive requirements than the federal laws referenced above.
DialMyCalls.com is providing this material in order to give you a general overview of the rules and regulations that may apply to your messages. This material is provided for informational and educational purposes only and nothing here constitutes legal advice. DialMyCalls.com encourages you to seek the advice of an attorney to ensure that the messages you send are fully compliant with all applicable regulations, as you are solely responsible for the messages you send through DialMyCalls.com’s Services.