Cold Calling Compliance: TCPA and DNC Rules Explained

Compliance isn't optional — it's essential. Whether you're using AI or human callers, understanding TCPA rules and DNC regulations is critical. Here's what you need to know.

What is the TCPA?

The Telephone Consumer Protection Act (TCPA) is the primary federal law governing telemarketing calls in the United States. Enacted in 1991, it sets rules for:

• Who you can call
• When you can call
• How you must identify yourself
• How you must handle opt-out requests

Violations can result in fines of $500-$1,500 per call.

Do Not Call (DNC) Lists

National DNC Registry

The FTC maintains the National Do Not Call Registry. Before making outbound calls, you must scrub your contact list against this registry. Numbers stay on the list until the consumer removes them.

State DNC Lists

Many states maintain their own DNC lists with additional restrictions. Some states require separate registration or additional disclosures.

Internal DNC Lists

You must maintain your own internal DNC list of people who have asked not to be called. This list takes priority — if someone asks you to stop calling, you must honor that request regardless of whether they're on the national registry.

Calling Hours

Federal rules restrict calling to:

• 8:00 AM to 9:00 PM in the consumer's local time zone

Some states have more restrictive hours. Always check state-specific rules.

Caller ID Requirements

You must display:

• Your phone number (or the number of the entity on whose behalf you're calling)
• Your name or the name of the entity on whose behalf you're calling

Spoofing caller ID with intent to defraud is illegal under the Truth in Caller ID Act.

AI-Specific Considerations

Disclosure Requirements

Some states require disclosure when an AI or automated system is conducting the call. Check your state's specific requirements. Best practice: be transparent when asked.

Consent Requirements

• B2B calls: Generally permissible with DNC compliance
• B2C calls: May require prior express consent depending on the nature of the call
• Prior business relationship: Calls to existing customers have different rules

Recording Consent

Call recording laws vary by state:

• One-party consent states: Only one party needs to know about the recording
• Two-party consent states: All parties must be informed and consent

Phone Stack automatically handles recording disclosures based on state requirements.

How Phone Stack Handles Compliance

Phone Stack automates compliance so you can focus on selling:

1. Automatic DNC Scrubbing: Every contact list is checked against national and state DNC registries before any calls are made
2. Calling Hour Enforcement: Calls are only placed during legal calling hours in the contact's timezone
3. Opt-Out Processing: When a prospect says "take me off your list," the AI immediately complies and the number is added to your internal DNC list
4. Caller ID Compliance: All calls display legitimate, registered caller IDs
5. Recording Disclosures: Automatic state-appropriate recording notices
6. Audit Trail: Full logs of every call, including compliance actions taken

Best Practices

1. Scrub regularly — Check your lists against DNC registries before every campaign
2. Honor opt-outs immediately — Process removal requests within 24 hours (Phone Stack does this instantly)
3. Keep records — Maintain logs of your DNC compliance efforts
4. Stay updated — Regulations change; review compliance quarterly
5. When in doubt, don't call — The cost of a violation far exceeds the value of any single call

Resources

• FTC Do Not Call Registry
• FCC TCPA Rules

Compliance is built into every Phone Stack campaign. Start your free trial knowing your outreach meets all federal and state requirements.