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tell me more about TCPA and Retell
# ❓・ai-evy-support
l
@AI Evy tell me more about TCPA and Retell
a
Thanks for tagging me @Luke @ AutoAppoint. I'll look through relevant sources and get back to you shortly.
### Answer ## TCPA and Retell AI The *Telephone Consumer Protection Act (TCPA) * is a key regulation governing how companies can conduct telemarketing, requiring express consent before making auto-dialed calls or sending text messages. [(1) ]() ### Retell AI's Terms of Service Requirements When using Retell AI's services, you must comply with applicable telemarketing laws including the TCPA. Key requirements include: [(2) ]() - Obtaining prior express consent for auto-dialed or prerecorded calls/texts from the called party - Documenting and supporting such consent (which may be required in writing for certain call types) - Including an automated opt-out mechanism at the outset of prerecorded messages - Including a disclosure of AI voice use at the beginning of the call - Notifying parties that their call is being recorded (and in some cases, seeking prior consent) - Prohibiting calls before 8 a.m. or after 9 p.m. at the called party's location - Scrubbing phone numbers against Do-Not-Call (DNC) lists regularly (at least every 31 days) ### Consent Documentation If consumer consent is required, you must document proof of the required level of consent for each consumer contacted. This documentation must be preserved for at least five years. Retell AI retains the right to audit your use of their services for compliance. ### FCC One-to-One Consent Rule The FCC's One-to-One Consent Rule (now scheduled for January 26, 2026) will require businesses to obtain separate written consent from consumers for each individual seller before sending marketing communications. [(3) ]() ### S
tate-Level Regulations States like Texas have expanded their "mini-TCPA" laws. AI-powered outbound calls, SMS campaigns, and voice agents are treated the same as human telemarketers under these regulations. [(2) ]()
​ To learn more, see the sources I considered: [[1] Why Enterprise Security Matters for Voice AI | Retell AI](https://www.retellai.com/blog/why-enterprise-security-is-important-for-voice-ai-technology) [[2] Retell | Terms Of Service](https://www.retellai.com/legal/terms-of-service) [[3] FCC One-to-One Consent Rule: Are You Ready? | Retell AI](https://www.retellai.com/blog/the-impact-of-the-fccs-one-to-one-consent-rule-preparing-for-increased-litigation-risks) ​
Feel free to tag @AI Evy with additional questions. I also appreciate feedback, it helps me improve.
l
how should i respond to a client asking me how we can protect them from the TCPA laws
@AI Evy how should i respond to a client asking me how we can protect them from the TCPA laws
a
Thanks for the follow-up, @Luke @ AutoAppoint. I'll get back to you soon.
### Answer When responding to a client about TCPA protection, here are key compliance measures you can highlight based on Retell AI's platform capabilities: ## Consent Management - Obtain prior express consent for auto-dialed or prerecorded calls/texts from the called party [(1) ]() - Document proof of consent for each consumer contacted, preserved for at least five years ## Required Disclosures - Include a disclosure of AI voice use at the beginning of the call - Notify parties that their call is being recorded (and in some cases, seek prior consent) - Include an automated opt-out mechanism at the outset of prerecorded messages ## Do-Not-Call Compliance - Systems must be programmed to **scrub phone numbers against DNC lists regularly**—at least every 31 days - Retell AI can integrate automated compliance checks to help avoid inadvertent violations [(2) ]() ## Call Timing Restrictions - Prohibit calls before 8 a.m. or after 9 p.m. at the called party's location [(1) ]() ## Caller ID Compliance - Providing altered, deceptive, or false information about the sender's identity or a call's origin is expressly prohibited Important: Retell AI retains the right to audit your use of their services to ensure compliance with applicable laws. For detailed legal guidance specific to your client's situation, consulting with a legal professional specializing in telecom compliance is recommended.
​ To learn more, see the sources I considered: [[1] Retell | Terms Of Service](https://www.retellai.com/legal/terms-of-service) [[2] AI Phone Calls: Are AI Voices Legal? | Retell AI](https://www.retellai.com/blog/ethics-and-ai-phone-calls-are-ai-voices-legal) ​
Feel free to tag @AI Evy with additional questions. I also appreciate feedback, it helps me improve.