What is the TCPA?

The Telephone Consumer Protection Act (TCPA) is a US federal law that regulates automated telephone calls, pre-recorded messages, and text messages. Violations carry statutory damages of $500–$1,500 per call — making compliance non-negotiable for any outbound campaign.

BlueSales provides tools to help you stay compliant, but legal responsibility always rests with you as the caller. This article covers the essentials. For specific legal advice, consult a telecommunications attorney.

The core requirements

1. Prior express written consent

Before using an AI agent to call a mobile number, you must have prior express written consent from that person. This means:

  • The person explicitly agreed to receive automated calls from you
  • The agreement was in writing (digital forms, checkboxes, and e-signatures count)
  • The consent was not a condition of purchasing your product or service
  • You can produce a record of the consent if challenged

Purchasing a lead list from a third party does not transfer consent — the consent must be to calls specifically from your business.

2. Calling hours

Under the TCPA and FCC rules, automated calls to consumers are only permitted:

  • 8:00 AM – 9:00 PM local time of the recipient

This means if you're calling someone in New York from California, you must use their time zone. In BlueSales, configure your outbound Blue's calling window using the recipient's area code time zone — the platform uses the lead's phone number to determine local time.

Some states have stricter rules (e.g. Florida restricts calls to 8 AM–8 PM). Always check your target states.

3. Do Not Call (DNC) compliance

You must not call numbers on the National Do Not Call Registry unless you have an established business relationship with that person or their written consent.

  • Register your organization at donotcall.gov to access the registry for scrubbing.
  • Scrub your lead lists against the registry at least every 31 days.
  • Maintain your own internal DNC list and honor opt-outs within 30 days.

4. Identification

Every automated call must:

  • State the name of the business on whose behalf the call is being made
  • Provide a phone number or address where the business can be reached

Configure this in your Blue's business profile. The agent will introduce itself and your company name at the start of every call.

5. Opt-out mechanism

You must provide a clear and easy way for recipients to opt out of future calls. BlueSales outbound Blues automatically detect verbal opt-out requests ("take me off your list", "stop calling", "remove me") and mark that lead as Opted Out immediately. Opted-out leads are never called again.

You must also honor written opt-out requests (email, SMS) within 30 days.

State-specific laws to know

Several states have laws stricter than the TCPA:

  • California (CCPA/CPPA) — Additional consumer data rights apply. Businesses targeting CA residents should review CCPA obligations around personal data used in call lists.
  • Florida — Calls to Florida residents are restricted to 8 AM–8 PM. Florida also has its own telemarketing act (FTSA) with a private right of action.
  • Texas, Oklahoma, Pennsylvania — Have their own state DNC registries in addition to the federal one.

Configuring compliance settings in BlueSales

  1. Go to Dashboard → Compliance.
  2. Enable DNC Scrubbing — enter the date your lead list was last scrubbed against the registry.
  3. Set your Calling Window — BlueSales enforces calls only within the 8 AM–9 PM local time window by default.
  4. Enable Automatic Opt-Out Detection — on by default for all outbound Blues.
  5. Enable Call Recording Disclosure — the agent will state that the call may be recorded, required in two-party consent states (CA, FL, IL, PA, WA, and others).

Two-party consent states (call recording)

In the following states, all parties must be informed a call is being recorded:

California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, Washington.

BlueSales can automatically play a disclosure at the start of each call. Enable this under Compliance → Recording Disclosure.

Keeping records

Maintain records of:

  • Consent documentation for each lead (form submissions, timestamps, IP addresses)
  • Your DNC scrub receipts (date and list version)
  • Opt-out requests and when they were honored
  • Call logs (BlueSales stores these automatically under OwnedBlues)

In litigation, the burden of proving consent falls on you as the caller. Good recordkeeping is your defense.

This is not legal advice

BlueSales provides compliance tools to assist you, but this article is informational only and does not constitute legal advice. TCPA regulations and their interpretation change frequently. Consult a qualified telecommunications or privacy attorney before launching any large-scale outbound campaign.