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TCPA + dialing compliance

The non-legal-advice operator guide to TCPA, DNC, and reassigned-numbers checks.

This is operator guidance, not legal advice. Talk to a telecom attorney before going live with any high-volume outbound program.

What TCPA actually requires

The Telephone Consumer Protection Act (TCPA) is the federal statute. Its enforcement floor is 47 CFR § 64.1200. The rules that hit dialing operations hardest:

  1. Time-of-day: no calls before 8am or after 9pm in the called party's local time.
  2. DNC respect: federal DNC + your internal opt-out list, both must be honored.
  3. Caller ID accuracy: spoofing is a separate criminal statute (TRACED Act). Display a phone number you own + answer.
  4. Drop-rate cap: ≤ 3% abandoned calls per campaign per 30-day rolling window. Dropped = no live agent within 2 seconds.
  5. Identification: agents must identify themselves + the company within the first 30 seconds of a live call.
  6. Reassigned-numbers DB (US): RND check before any TCPA-regulated call. Mandatory since 2021.

State laws stack on top. Florida (FTSA), Washington, New York all add their own restrictions; some are stricter than federal.

What this means for VICIdial config

| TCPA requirement | VICIdial setting | | ----------------------- | -------------------------------------------------------------- | | Local call-time windows | Campaign → Local Call Time | | Drop-rate cap | Campaign → Drop SLA = 2.0, Use Internal DNC = Y | | Federal DNC | Load the Reassigned Numbers + DNC.gov data into vicidial_dnc | | Internal DNC | Campaign → Use Internal DNC = Y | | Caller ID | Campaign → Campaign CID (a number you own + answer) |

Recording laws (separate from TCPA)

Recording calls is regulated state-by-state, not federally. Two camps:

  • One-party consent states (most): you (the agent) consent, you can record.
  • Two-party consent states (CA, FL, IL, MD, MA, MT, NH, PA, WA, NV — partial): both parties must be informed.

Operationally: play a beep + announcement at call start, log the consent, and store a per-campaign "Recording Override" config.

Reassigned-Numbers Database

The FCC RND prevents you from being liable when you dial a number that's been reassigned away from the consent-giver. Cost: ~$0.0035 per check at volume. Required for any call you make under "prior express consent" footing.

Common workflow: pre-clean your list against the RND before loading into VICIdial. There are commercial services (Numeracle, Caller ID Reputation, Possible Now) that bulk-clean for you.

Litigator alert lists

Outside the regs themselves, plaintiff-attorney call traps exist. Lists of numbers known to file TCPA complaints. We strongly recommend buying a litigator-alert feed and pre-screening.

Documentation = defense

If you get sued, the question is "can you prove consent + compliance for this call?" Keep:

  • The opt-in record (timestamp, IP, the form text shown)
  • The dial log (VICIdial has this in vicidial_log)
  • The recording (if recorded)
  • The DNC checks performed (VICIdial logs internal DNC; federal DNC + RND should be logged externally)

VICIfast-side support

We don't do compliance for you, but we provide:

  • Per-customer audit log of every action your team takes
  • Daily snapshots so dial logs are recoverable for litigation
  • Region pinning so EU calls live in EU servers (GDPR)
  • TLS on every endpoint that handles personal data

If you need something specific for a regulator, ask — we'll see what's possible.