Like any law, the Telephone Consumer Protection Act (TCPA) is filled with exemptions. In general, the exemptions in the TCPA apply to two distinct situations: Exemptions to when callers need express consent and exemptions to when callers can use an automatic telephone dialing system (ATDS). Here, we’re providing a top-level overview of these exemptions.

Instances in Which Express Consent is Not Needed

 

  • Purely information text messages, such as delivery and service notifications
  • Calls from healthcare providers to landlines only that deliver a healthcare-related message
  • Calls from utilities that are non-marketing messages and provide information about emergencies, circumstances where services will be shut off, and service notifications
  • Calls from schools that are non-marketing messages and provide information about emergencies, school closures, and unexpected absences

 

Instances in Which an ATDS is Acceptable

 

  • The collection of government-backed debt, such as student loans
  • Calls from political campaigns to landlines only
  • Calls from healthcare providers to landlines only that deliver a healthcare-related message
  • Calls from financial institutions that deliver time-sensitive information addressing financial issues related to the customer’s account, provided the call is free for the customer, only uses a phone number provided by the customer, does not include any marketing content, and is not for the purpose of debt collection

 

Exemptions to the DNC Regulations

 

In addition to the instances above, there are a few situations in which companies are exempt from abiding by the National Do Not Call Registry. These situations include:

  • Calls to customers who are on the National Do Not Call Registry but with whom there is an Established Business Relationship. This exemption does not allow for the use of an ATDS and is limited to 18 months from a purchase, rental, lease, or financial transaction or 90 days from the customer’s inquiry. The exemption does not extend to subsidiaries or corporate partners.
  • Most B2B calls between a marketer and a business are exempt from the laws surrounding the National DNC registry, but these exemptions do not exist in every state.

Have questions about compliance? CallShaper can help! Contact us today with your questions or concerns.