Don't Get Fined: TCPA Compliance for Cold Calling and SMS Marketing

“Is cold calling even a thing anymore? What if I accidentally call someone with a DNC number and get fined?” — Real investor, Facebook group

TCPA (Telephone Consumer Protection Act) violations can cost $500-$1,500 PER CALL or TEXT. One bad list can bankrupt a business before it starts. Here’s how to stay compliant.

The Basics

The TCPA restricts how businesses can contact consumers by phone and text. Key rules:

• Do Not Call (DNC) Registry: You cannot call numbers on the National DNC list for marketing purposes
• Prior Express Consent: You need consent before sending marketing texts
• Calling hours: Only between 8 AM and 9 PM in the recipient’s time zone
• Caller ID: Must transmit your real phone number, not a spoofed one

Cold Calling Compliance

1. Scrub your list against the DNC registry before every campaign. The registry is updated monthly.
2. Maintain an internal DNC list — if anyone says “don’t call me,” add them immediately and never call again.
3. Document everything — keep records of your DNC scrubs, call logs, and opt-out requests.
4. Respect time zones — calling a California number at 9 PM Eastern means you’re calling at 6 PM Pacific (fine). Calling at 6 AM Eastern means 3 AM Pacific (illegal).

SMS Compliance

SMS rules are stricter than calling:

1. You need explicit consent before sending marketing texts
2. Include opt-out instructions in every message (“Reply STOP to unsubscribe”)
3. Honor opt-outs immediately — within one message
4. Don’t use auto-dialers to send texts without consent

What DealBase Does

DealBase has built-in TCPA compliance tools including automatic consent management and tracking. When leads come in through webhooks, consent is automatically registered. The system tracks opt-outs and prevents you from accidentally contacting someone who asked to be removed.

The Bottom Line

TCPA compliance isn’t optional — it’s the cost of doing business. Scrub your lists, get consent for texts, honor opt-outs, and document everything. The 10 minutes you spend on compliance before each campaign can save you $500,000 in fines.

Get compliant tools with DealBase for $1.