Glossary

Plain-language definitions for every term you will encounter. Browse by letter or filter by category.

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1

10DLC

10-Digit Long Code, a system allowing businesses to send commercial text messages from standard 10-digit phone numbers with carrier registration and throughput controls.

4

47 CFR 64.1200

The FCC regulation implementing the TCPA that contains specific rules about autodialed calls, prerecorded messages, caller ID, calling hours, and the national DNC registry.

A

ActiveProspect

A consent-based marketing platform that provides TrustedForm consent certificates and LeadConduit lead management tools for TCPA compliance.

Automatic Telephone Dialing System (ATDS)

Equipment with the capacity to store or produce telephone numbers using a random or sequential number generator and dial such numbers. The Supreme Court narrowed this definition in Facebook v. Duguid (2021).

Artificial Voice

A computer-generated or synthesized voice used in telephone communications. The TCPA treats artificial voice calls the same as prerecorded messages for consent purposes.

Abandoned Call

A call that is answered by a consumer but not connected to a live agent within two seconds. The TSR limits the abandoned call rate to 3% of answered calls per campaign.

Audit Trail

A chronological record of all actions related to consent capture, DNC requests, and calling activity that can be used to demonstrate TCPA compliance during litigation or regulatory inquiry.

Auto-Dialer

A general term for any device or software that automatically dials phone numbers. Not all auto-dialers qualify as an ATDS under the TCPA; the key is whether the device uses a random or sequential number generator.

A2P Messaging

Application-to-Person messaging, where text messages are sent from a software application to a consumer's phone. Subject to carrier registration requirements, TCPA consent rules, and CTIA guidelines.

Automatic Stay

A legal provision that temporarily halts TCPA litigation when a defendant files for bankruptcy, providing temporary relief from pending claims.

Arbitration Agreement

A contractual provision requiring disputes (including TCPA claims) to be resolved through arbitration rather than litigation. Can include class action waivers that prevent TCPA class actions.

Area Code Scrub

The process of verifying that the area codes on your calling list match the area codes subscribed to in the National DNC Registry. Required to maintain DNC compliance.

Aggregate Damages

The total damages across all violations in a TCPA case. In class actions, aggregate damages can reach hundreds of millions of dollars when per-call damages are multiplied across all class members.

Actual Damages

The real monetary harm suffered by a consumer from TCPA violations, as opposed to statutory damages. Plaintiffs may choose between actual and statutory damages.

B

Blanket Consent

A single consent purporting to authorize calls from multiple unidentified companies. The FCC's one-to-one consent rule has effectively eliminated blanket consent for TCPA compliance.

Boberdoo

A lead distribution platform used by lead generators and buyers to manage lead routing, pricing, and delivery. Commonly used in insurance, home services, and education lead verticals.

C

CAN-SPAM Act

The Controlling the Assault of Non-Solicited Pornography and Marketing Act, a federal law governing commercial email messages. While distinct from the TCPA, it intersects with text message regulation.

Consent Not a Condition of Purchase

The TCPA requirement that consent to receive autodialed or prerecorded telemarketing calls cannot be required as a condition of purchasing goods or services.

Consent Verification

The process of confirming that valid consent exists before making a call or sending a text. Includes checking consent records, timestamps, and third-party verification certificates.

Caller ID Spoofing

The practice of falsifying the caller ID information transmitted during a phone call. Prohibited under the Truth in Caller ID Act when done with intent to defraud or cause harm.

Click-to-Call

A technology that initiates a phone call when a consumer clicks a button on a website or app. May affect TCPA analysis as the consumer arguably initiates the call.

Class Action

A lawsuit filed on behalf of a group of similarly affected consumers. TCPA class actions can involve thousands or millions of violations, creating exposure of hundreds of millions of dollars.

Class Certification

The court process of determining whether a TCPA case can proceed as a class action. Requires commonality, typicality, numerosity, and adequacy of representation.

Consent Decree

A court-approved agreement between a regulator and a company resolving TCPA enforcement action. Typically includes monetary penalties, compliance requirements, and monitoring.

Citation (FCC)

A warning issued by the FCC to entities not previously subject to a TCPA enforcement action. A citation must precede a forfeiture for first-time violators.

Calling Hours

Federal law prohibits telemarketing calls before 8:00 AM and after 9:00 PM in the called party's local time zone. Some states impose stricter calling hour restrictions.

Call Monitoring

The practice of listening to or recording phone calls for quality assurance and compliance purposes. Subject to federal and state wiretapping and recording consent laws.

Call Recording Consent

The consent required to record a telephone conversation. One-party consent states require only one party to know; two-party (all-party) consent states require all parties to agree.

Caller ID

The identification information (name and number) transmitted during a phone call. Telemarketers must transmit accurate caller ID information under federal and state law.

Compliance Program

A structured set of policies, procedures, training, and monitoring activities designed to ensure an organization meets its TCPA obligations and minimize legal risk.

Compliance Officer

An individual responsible for overseeing and managing an organization's TCPA compliance program, including policy development, training, monitoring, and incident response.

Compliance Audit

A systematic review of an organization's telemarketing practices, consent records, DNC procedures, and documentation to identify TCPA compliance gaps and risks.

Compliance Training

Regular education provided to employees and agents about TCPA requirements, company policies, consent procedures, and DNC obligations.

CTIA Guidelines

Industry guidelines from CTIA (The Wireless Association) for commercial text messaging programs including short codes, 10DLC, and consumer opt-in/opt-out requirements.

Commercial Message

A communication whose primary purpose is to advertise or promote a product, service, or business. The TCPA applies different consent standards to commercial vs. informational messages.

Compliance Monitoring

Ongoing oversight activities including call recording reviews, consent audits, DNC scrub verification, and vendor compliance checks to ensure continuing TCPA adherence.

Consent Chain

The documented path of consent from the consumer through lead generators, aggregators, and buyers. Each link in the chain must maintain proper consent documentation.

Consent Timestamp

The exact date and time a consumer provided consent, recorded and stored as evidence. Essential for proving consent was obtained before calls were made.

Consent IP Address

The IP address of the device used when a consumer submitted a web form providing consent. Part of the consent evidence package used to verify legitimate consumer interaction.

Conditional Consent

Consent that is contingent on a consumer purchasing a product or service. The TCPA prohibits making consent a condition of purchase for autodialed or prerecorded telemarketing calls.

Consent Order

An agreement between a regulatory agency and a company that has the force of a court order, typically requiring specific compliance measures and ongoing monitoring.

Civil Investigative Demand (CID)

A demand from the FTC or state attorney general for documents, testimony, or other information during an investigation into potential telemarketing violations.

Cy Pres Distribution

In TCPA class action settlements, distributing unclaimed settlement funds to a third-party organization (often consumer advocacy groups) when direct distribution to class members is impractical.

Callback Queue

A system for managing callbacks to consumers who requested a return call. The original consent for the callback may create an EBR or fall under a consent exemption.

Campaign Compliance Check

A pre-launch review of a telemarketing campaign to verify TCPA compliance including consent verification, DNC scrubbing, script compliance, and calling hour configuration.

Contact Rate

The percentage of dialed numbers that result in a live connection with the intended consumer. Maximizing contact rate while maintaining TCPA compliance is a key operational challenge.

Compliance Management System (CMS)

An integrated system of policies, procedures, technology, and oversight activities designed to ensure an organization meets its regulatory obligations including TCPA compliance.

Corrective Action Plan

A documented plan for addressing compliance deficiencies found during audits or after violations, including specific steps, responsible parties, and completion deadlines.

Compliance Dashboard

A real-time reporting interface showing key TCPA compliance metrics including DNC scrub status, consent verification rates, complaint volumes, and audit findings.

Compliance Culture

An organizational environment where TCPA compliance is embedded in daily operations, supported by leadership, and understood by all employees as a business priority.

Compliance Certification

A formal attestation by a company or individual that they comply with TCPA requirements. Often required in vendor agreements and lead purchase contracts.

Compliance Hotline

An internal reporting mechanism for employees to report potential TCPA violations or compliance concerns anonymously. Part of a comprehensive compliance program.

Concrete Harm

A standing requirement from TransUnion v. Ramirez (2021) that a plaintiff must demonstrate actual harm beyond a bare statutory violation. Applied in some TCPA cases to challenge plaintiff standing.

Consent Receipt

A digital record confirming that a consumer has provided consent, including the date, time, method, and specific language agreed to. Used as evidence in TCPA defense.

Compliance Scorecard

A measurement tool that rates an organization's TCPA compliance across multiple dimensions including consent practices, DNC procedures, training, and documentation.

Capacity to Dial

The technical capability of a device to function as an ATDS. Before Facebook v. Duguid, courts debated whether mere capacity (vs. actual use) triggered TCPA requirements.

Certification Hearing

A court proceeding in TCPA class actions where the judge decides whether the case can proceed as a class action based on commonality, typicality, numerosity, and adequacy.

Calling Campaign

An organized outbound calling effort targeting a specific list of consumers for telemarketing purposes. Each campaign must comply with TCPA consent, DNC, and disclosure requirements.

Contact Attempt

A single dialing event to a phone number. Each contact attempt that connects (whether to a person or voicemail) may constitute a separate TCPA violation if made without consent.

Compliance Technology Stack

The combination of software tools used to manage TCPA compliance including consent verification platforms, DNC scrubbing services, dialer compliance features, and monitoring dashboards.

Calling Restrictions

Limitations on when, how, and whom a telemarketer can call, including calling hours, DNC restrictions, consent requirements, and state-specific regulations.

Compliance Gap

A deficiency between an organization's current practices and the requirements of TCPA regulations. Gaps are identified through audits and must be addressed through remediation plans.

Consent Form

A document or web interface element where consumers provide their agreement to receive calls, texts, or other communications. Must include all TCPA-required disclosures.

Compliance Alert

A notification triggered when a potential TCPA compliance issue is detected, such as a DNC hit, expired consent, or unusual complaint volume.

Contact Center

A facility or operation that handles inbound and outbound customer communications. Contact centers making outbound telemarketing calls must comply with all applicable TCPA requirements.

Called Party

The person who receives a telephone call or text message. Under the TCPA, the called party (not necessarily the subscriber) has standing to bring a TCPA claim.

Calling Party

The person or entity that initiates a telephone call or text message. The calling party bears responsibility for TCPA compliance regardless of whether they use agents or vendors.

Compliance Maturity Model

A framework for evaluating the sophistication and effectiveness of an organization's TCPA compliance program, ranging from reactive/ad-hoc to proactive/optimized.

D

Double Opt-In

A two-step consent process where a consumer first provides consent (e.g., on a web form) and then confirms via a second action (e.g., replying YES to a text). Provides stronger evidence of consent.

Demand Letter

A letter from a consumer or their attorney alleging TCPA violations and demanding compensation or cessation. Often the first step before filing a TCPA lawsuit.

Do Not Call Registry

The National Do Not Call Registry maintained by the FTC, containing phone numbers of consumers who have opted out of receiving telemarketing calls. Telemarketers must scrub against this list.

DNC Scrubbing

The process of comparing a calling list against the National DNC Registry, state DNC lists, and internal DNC lists to remove numbers that cannot be called.

Do Not Disturb

A broader consumer privacy concept encompassing DNC, opt-out, and suppression preferences. Some state laws use this terminology for expanded consumer protection.

Do Not Call Implementation Act

A 2003 federal law that authorized the FTC to create and maintain the National Do Not Call Registry and established the legal framework for the registry's operation.

Dialer Platform

Software or cloud-based service that manages outbound calling operations including number management, agent routing, DNC checking, and compliance features.

Disposition Code

A code assigned at the end of each call to record the outcome (answered, voicemail, DNC request, wrong number, etc.). Proper disposition coding is essential for DNC compliance and audit trails.

Dialing Window

The permitted time period for making telemarketing calls, typically 8:00 AM to 9:00 PM in the called party's local time zone under federal law, with stricter windows in some states.

Discovery

The pre-trial process in TCPA litigation where parties exchange evidence including call records, consent data, dialer technology specifications, and internal policies.

Deposition

Sworn testimony given outside of court during TCPA case discovery. Compliance officers, IT staff, and marketing managers are common deposition witnesses.

Data Processor

An entity that processes consumer data on behalf of another organization. Data processors handling lead data must maintain TCPA compliance including proper consent handling and data security.

E

Express Invitation or Permission

The consent standard for receiving fax advertisements under the Junk Fax Prevention Act. Requires the fax recipient to have given prior express permission to receive the fax.

Established Business Relationship (EBR)

A prior or existing relationship between a seller and consumer based on a purchase (18 months) or inquiry (3 months) that may exempt telemarketing calls from some DNC restrictions.

Express Consent

Clear, affirmative agreement to receive communications, as opposed to implied consent. The TCPA requires different levels of express consent depending on the type of call and whether an ATDS is used.

F

Florida Telephone Solicitation Act

Florida's state telemarketing law (SB 1120) that imposes stricter requirements than the federal TCPA including narrower calling hours (8am-8pm), mandatory registration, and per-call fines.

FCC Declaratory Ruling

An official FCC interpretation of TCPA provisions that carries the force of law. Declaratory rulings have addressed topics like the definition of ATDS, revocation of consent, and reassigned numbers.

Facebook v. Duguid

A 2021 Supreme Court decision that narrowed the ATDS definition to require a random or sequential number generator. Excluded devices that dial from stored lists without number generation capability.

Federal Communications Commission (FCC)

The federal agency responsible for implementing and enforcing the TCPA. The FCC issues rules, declaratory rulings, and enforcement actions related to robocalls, telemarketing, and consumer consent.

Federal Trade Commission (FTC)

The federal agency that enforces the Telemarketing Sales Rule (TSR) and pursues deceptive telemarketing practices. The FTC shares jurisdiction with the FCC over telemarketing regulation.

Forfeiture Order

An FCC order imposing monetary penalties for TCPA violations. The FCC can impose forfeitures up to $23,727 per violation with an aggregate cap.

FCC One-to-One Consent Rule

The FCC's 2023 order requiring that prior express written consent authorize calls from only one specific seller, eliminating multi-seller consent obtained through a single web form. Effective January 27, 2025.

FCC Robocall Mitigation

Programs and technologies implemented by voice service providers to reduce illegal robocalls, as required by the TRACED Act. Providers must file mitigation plans in the FCC's Robocall Mitigation Database.

H

Human Intervention

The degree of human involvement in initiating a call or text. After Facebook v. Duguid, systems requiring human intervention to dial may not qualify as an ATDS.

I

Interactive Voice Response (IVR)

An automated phone system that interacts with callers through voice prompts and keypad inputs. Used for recording disclosures, opt-out mechanisms, and call routing.

Indemnification

A contractual provision requiring one party (such as a lead vendor) to compensate another party for losses from TCPA claims. Essential in lead purchase agreements.

Informational Message

A non-commercial message such as appointment reminders, delivery notifications, or fraud alerts. Requires prior express consent (not written) for autodialed calls to cell phones.

Implied Consent

Consent inferred from a person's actions rather than explicit agreement. Under the TCPA, implied consent generally does not meet the standard for prior express written consent required for marketing robocalls.

Injunctive Relief

A court order requiring a company to stop specific conduct (like making unauthorized calls) or take specific actions (like implementing compliance procedures). Available in TCPA cases.

Interrogatories

Written questions that must be answered under oath during TCPA litigation discovery. Common topics include dialer technology, consent procedures, and calling volumes.

J

Junk Fax Prevention Act

A 2005 amendment to the TCPA that strengthened restrictions on unsolicited fax advertisements and required opt-out notices on all fax ads.

Jornaya

A lead verification platform (now part of Verisk) that tracks consumer journeys across lead generation websites and provides a LeadiD token as evidence of consumer engagement and consent.

L

Logically and Topically Related

The FCC requirement that consent obtained on a website must be logically and topically related to the calls being made. A consent on a mortgage site cannot be used to justify calls about auto insurance.

Litigator Scrub

The process of checking phone numbers against databases of known TCPA litigants and professional plaintiffs to reduce the risk of triggering lawsuits.

Lead Generator

A company or individual that generates consumer leads through web forms, advertisements, or other means and sells them to businesses. Lead generators have TCPA compliance obligations.

Lead Buyer

A business that purchases consumer leads from a lead generator for the purpose of making sales calls or marketing contacts. Lead buyers share liability for improper consent.

Lead Aggregator

A company that collects leads from multiple lead generators and resells them to end buyers, often in real-time through ping-post systems. Adds complexity to TCPA consent chains.

Litigation Hold

A directive to preserve all documents, data, and records relevant to a TCPA lawsuit or anticipated claim. Failure to implement can result in spoliation sanctions.

Lead Consent Transfer

The process of transferring consent documentation from a lead generator to a lead buyer along with the lead data. The buyer must verify that consent was properly obtained and applies to their calls.

LeadConduit

A real-time lead management and routing platform by ActiveProspect that enables lead filtering, enhancement, and delivery with built-in compliance tools.

List Management

The process of maintaining, cleaning, and organizing calling lists including removing DNC numbers, suppressed numbers, disconnected numbers, and duplicate entries.

Lead Validation

The process of verifying that lead data is accurate, the consumer is real, and proper consent was obtained before accepting a lead for calling.

Live Agent

A real person handling a phone call, as opposed to automated or prerecorded messages. Live agent calls without an ATDS may not trigger certain TCPA restrictions.

Lead Source Audit

A review of a specific lead generation source to verify TCPA compliance including consent capture methods, web form language, data handling, and documentation practices.

Lead Aging

The time elapsed since a lead was generated. Older leads carry higher TCPA risk because consent may have been revoked, numbers may have been reassigned, and regulatory requirements may have changed.

Lead Data

Consumer information collected during lead generation including name, phone number, email, and the consent evidence associated with the lead submission.

M

Mini-TCPA Law

State-level telemarketing and privacy laws that impose additional restrictions beyond the federal TCPA. States like Florida, California, Oklahoma, and Washington have particularly strict mini-TCPA statutes.

Multidistrict Litigation (MDL)

A procedure for consolidating multiple TCPA lawsuits filed in different federal courts into a single court for pretrial proceedings. Used when multiple cases involve common factual issues.

Minimum Contacts

A jurisdictional requirement that a defendant must have sufficient connections to a state before being sued there. Relevant to TCPA cases filed in state courts across different jurisdictions.

N

Notice of Apparent Liability (NAL)

A formal FCC notice proposing monetary penalties for communications law violations. The company can respond before a final forfeiture order is issued.

Number Portability

The ability of consumers to keep their phone number when switching carriers or between landline and wireless. Complicates TCPA compliance because a number's landline/wireless status may change.

O

Opt-In

The act of a consumer affirmatively agreeing to receive calls, texts, or other communications. Under the TCPA, opt-in must be clear, conspicuous, and not a condition of purchase.

Opt-Out

The process by which a consumer withdraws consent to receive further calls, texts, or faxes. The TCPA requires reasonable opt-out mechanisms and immediate honoring of opt-out requests.

One-to-One Consent

The FCC requirement (effective January 2025) that prior express written consent must be obtained for calls or texts from a single, identified seller rather than multiple parties through a single consent.

Oklahoma Telephone Solicitation Act

Oklahoma's state telemarketing law that imposes strict requirements on telephone solicitations including mandatory registration and penalties up to $25,000 per violation.

Objector

A class member who opposes a proposed TCPA class action settlement, arguing the terms are inadequate. Professional objectors may seek to delay settlements for personal gain.

P

Prior Express Consent

Consent given by a consumer before a call is made, which is required for autodialed or prerecorded informational calls to cell phones. This is a lower standard than prior express written consent.

Prior Express Written Consent

A signed written agreement that clearly authorizes a specific caller to deliver autodialed or prerecorded telemarketing calls or texts. Required since October 2013 for marketing robocalls and texts to cell phones.

Predictive Dialer

An automated dialing system that calls multiple numbers simultaneously and connects answered calls to available agents. May constitute an ATDS depending on its technical capabilities and jurisdiction.

Progressive Dialer

A dialer that automatically calls the next number on a list only when an agent becomes available. Generally considered lower-risk than predictive dialers for TCPA purposes.

Preview Dialer

A dialer that displays call information to the agent before dialing, requiring the agent to manually initiate each call. Generally not considered an ATDS under Facebook v. Duguid.

Prerecorded Message

A voice message that was recorded before the call was placed, as opposed to a live conversation. The TCPA restricts prerecorded message calls to cell phones and requires specific consent.

Private Right of Action

The TCPA provision allowing individual consumers to file lawsuits for violations without government involvement. This is the primary enforcement mechanism driving TCPA litigation.

Professional Plaintiff

An individual who intentionally seeks out TCPA violations to file lawsuits for statutory damages. Also called serial filers or TCPA trolls. Some plaintiffs file dozens of TCPA cases per year.

Ping-Post

A lead distribution method where a lead generator sends partial lead data (ping) to potential buyers who bid on it, then delivers full data (post) to the winning buyer. Raises TCPA consent issues.

Pallone-Thune TRACED Act

The full name of the TRACED Act (Telephone Robocall Abuse Criminal Enforcement and Deterrence Act), bipartisan legislation signed in 2019 that expanded penalties and enforcement tools for illegal robocalls.

Power Dialer

A dialer that automatically calls numbers from a list one at a time, connecting calls to a single agent. Similar to a progressive dialer and generally considered lower TCPA risk than predictive dialers.

Peer-to-Peer (P2P) Texting

A text messaging method where an agent manually sends each message, as opposed to automated mass texting. P2P texting platforms argue they avoid ATDS classification under Facebook v. Duguid.

Pattern of Violations

Repeated TCPA violations that demonstrate systemic non-compliance rather than isolated incidents. A pattern may result in enhanced penalties, treble damages, and regulatory action.

Per-Call Damages

The TCPA's damage structure where each individual call or text message constitutes a separate violation with its own $500-$1,500 statutory damage amount.

Q

Quality Assurance (QA)

The process of reviewing calls, consent records, and compliance procedures to ensure they meet TCPA standards. QA programs typically include regular call monitoring and documentation reviews.

R

Revocation of Consent

The withdrawal of previously given consent by a consumer. The TCPA allows consumers to revoke consent at any time through any reasonable means. Callers must honor revocations within a reasonable time.

Robocall

A call made using an automatic telephone dialing system or containing a prerecorded or artificial voice message. Robocalls to cell phones require prior express consent under the TCPA.

Ringless Voicemail

A technology that deposits a voicemail message directly into a phone's voicemail system without ringing the phone. The FCC has indicated that ringless voicemail may be subject to TCPA restrictions.

Robocall Mitigation Database

An FCC database where voice service providers must file certifications about their STIR/SHAKEN implementation or robocall mitigation programs.

Reassigned Number

A phone number that has been disconnected by one consumer and reassigned to a different consumer by the carrier. Calling a reassigned number can result in TCPA liability.

Reassigned Numbers Database

An FCC database launched in 2022 that allows callers to check whether a phone number has been permanently disconnected or reassigned since the date consent was obtained.

Record Retention

The practice of preserving consent records, call logs, DNC lists, and compliance documentation for a specified period. Critical for TCPA defense given the 4-year statute of limitations.

Risk Assessment

The process of identifying, evaluating, and prioritizing TCPA compliance risks across an organization's operations, lead sources, vendors, and technology platforms.

Regulatory Intelligence

The ongoing process of monitoring and analyzing FCC rulings, court decisions, state legislation, and industry developments that affect TCPA compliance requirements.

Reasonable Practices and Procedures

The standard required for a TCPA safe harbor defense, demonstrating that an organization had implemented written policies, trained employees, and maintained systems to prevent DNC violations.

Robo-Text

An automated text message sent using an autodialer or automated system. Subject to the same TCPA consent requirements as autodialed voice calls to cell phones.

Random Number Generator

A component that produces telephone numbers in a random sequence. Under Facebook v. Duguid, a device must have this capability (or sequential number generation) to qualify as an ATDS.

Right to Cure

A provision in some state laws allowing companies to correct TCPA violations within a specified period before a lawsuit can proceed. Not available under the federal TCPA.

Recycling (Lead)

The practice of re-contacting leads that were not converted on initial attempts. TCPA considerations include whether original consent covers subsequent contacts and DNC request tracking.

S

Section 227(b)

The section of the TCPA that prohibits autodialed and prerecorded calls and texts to cell phones without prior express consent. This is the most commonly litigated provision of the TCPA.

Section 227(c)

The section of the TCPA that establishes the Do Not Call provisions, requiring the FCC to create a national DNC registry and mandating company-specific DNC lists.

STIR/SHAKEN

A caller ID authentication framework (Secure Telephone Identity Revisited / Signature-based Handling of Asserted Information Using toKENs) mandated by the FCC to combat caller ID spoofing and illegal robocalls.

Short Code

A 5-6 digit phone number used for commercial text messaging programs. Short codes require carrier approval, CTIA compliance, and specific opt-in/opt-out mechanisms.

SMS Marketing

Commercial text messaging used for marketing, promotions, or customer engagement. Subject to TCPA consent requirements, CTIA guidelines, and carrier regulations.

State Attorney General

State attorneys general have enforcement authority under both the TCPA and state telemarketing laws. They can bring civil actions on behalf of state residents for TCPA violations.

Statutory Damages

Fixed damage amounts set by statute rather than actual harm. The TCPA provides $500 per violation, which can be trebled to $1,500 for willful or knowing violations.

Suppression List

A list of phone numbers or contacts that must be excluded from calling campaigns. Includes DNC requests, opt-outs, litigator numbers, and previous complainants.

Safe Harbor Defense

A TCPA defense available when a caller demonstrates that it had reasonable practices and procedures in place to comply with DNC requirements and the violation was accidental.

Statute of Limitations

The time limit for filing a TCPA lawsuit. The federal statute of limitations is 4 years from the date of the violation, though some states may apply shorter periods.

Seller (TSR)

Under the Telemarketing Sales Rule, the entity that provides goods or services being promoted through telemarketing. The seller shares compliance responsibility with the telemarketer.

Scope of Consent

The specific types of communications, contact methods, and topics covered by a consumer's consent. Calls or texts outside the scope of consent may constitute TCPA violations.

Soundboard Technology

A calling technology where a live agent selects prerecorded audio clips to play during a call instead of speaking directly. Courts are divided on whether soundboard calls constitute prerecorded messages under the TCPA.

Speed to Lead

The time between when a lead is generated and when the first contact attempt is made. Fast speed-to-lead improves conversion but must be balanced with proper consent verification and DNC scrubbing.

Spokeo Standing

Standing analysis derived from the Supreme Court's Spokeo v. Robins decision requiring that a TCPA plaintiff demonstrate a concrete and particularized injury-in-fact.

Sequential Number Generator

A component that produces telephone numbers in sequential order (e.g., 555-0001, 555-0002). Along with random number generation, this is a defining feature of an ATDS under Facebook v. Duguid.

Summary Judgment

A court ruling deciding a TCPA case without trial based on undisputed facts. Commonly sought on ATDS classification, consent validity, or statute of limitations issues.

Standing

The legal requirement that a TCPA plaintiff must demonstrate concrete injury to bring a lawsuit. After TransUnion v. Ramirez, some courts require more than a bare statutory violation.

State Registration

The requirement in many states for telemarketing companies to register with a state agency and post a bond before conducting telemarketing activities in that state.

Subscriber

The person who subscribes to a telephone service and is the intended recipient of TCPA protections. The subscriber may differ from the actual user of the phone in some circumstances.

T

Telephone Consumer Protection Act (TCPA)

A federal law enacted in 1991 (47 U.S.C. 227) that restricts telemarketing calls, autodialed calls, prerecorded messages, text messages, and unsolicited faxes. The TCPA gives consumers a private right of action with statutory damages of $500 to $1,500 per violation.

Telemarketing Sales Rule (TSR)

An FTC regulation (16 CFR Part 310) that governs telemarketing practices including required disclosures, prohibited practices, calling hour restrictions, and DNC list requirements.

Truth in Caller ID Act

A federal law prohibiting the transmission of misleading or inaccurate caller ID information with the intent to defraud, cause harm, or wrongfully obtain anything of value.

TRACED Act

The Telephone Robocall Abuse Criminal Enforcement and Deterrence Act of 2019, which expanded FCC enforcement authority over robocalls and mandated STIR/SHAKEN caller ID authentication.

TrustedForm

A third-party consent verification service by ActiveProspect that creates an independent certificate of consent by recording the consumer's interaction with a web form at the time of submission.

Treble Damages

Triple the standard statutory damages ($1,500 per violation instead of $500) awarded for willful or knowing TCPA violations. The court has discretion in awarding treble damages.

TCPA Settlement

An agreement to resolve a TCPA lawsuit, typically involving monetary payment and compliance improvements. Major TCPA class action settlements have exceeded $100 million.

Two-Party Consent State

A state that requires all parties to a phone call to consent before the call can be recorded. Includes California, Florida, Illinois, and about 12 other states.

Telemarketing Registration

The requirement in many states for telemarketers to register with the state before conducting telemarketing activities. Failure to register can result in additional penalties.

Telemarketer

A person or entity that initiates or assists in telemarketing calls. Under the TSR, both the seller and the telemarketer share responsibility for compliance.

TCPA Exemptions

Categories of calls exempt from certain TCPA requirements including calls made for emergency purposes, calls made with prior express consent, tax-exempt nonprofit calls, and certain healthcare-related calls.

TCPA Private Right of Action

The TCPA provision (47 U.S.C. 227(b)(3)) allowing any person to bring an action in state court for TCPA violations, seeking actual damages or statutory damages of $500-$1,500 per violation.

TCPA Reform Legislation

Ongoing Congressional efforts to update the TCPA including proposals to clarify ATDS definitions, adjust damages, and address modern communication technologies.

Toll-Free Number

A phone number (800, 888, 877, 866, 855, 844, 833) where the called party is not charged. The TCPA has specific provisions for autodialed calls to toll-free numbers.

TCPA Plaintiff's Bar

The network of attorneys who specialize in bringing TCPA lawsuits on behalf of consumers. These firms often work on contingency and may actively recruit plaintiffs for class actions.

Telephone Consumer Protection Act Petition

A formal request filed with the FCC seeking a declaratory ruling, exemption, or other action related to TCPA interpretation or enforcement.

TCPA Compliant Lead

A consumer lead generated with proper TCPA consent including prior express written consent for the specific caller, valid consent evidence, and DNC verification.

TCPA Insurance

Insurance coverage for TCPA claims, which may fall under general commercial liability, errors and omissions, or specialized TCPA/telemarketing liability policies. Coverage varies significantly by policy.

Telephone Solicitation

The initiation of a telephone call or message for the purpose of encouraging the purchase or rental of goods or services. The definition determines what calls are subject to TCPA telemarketing restrictions.

U

Unsolicited Advertisement

Material advertising a commercial product or service transmitted via telephone, fax, or text without the recipient's prior express invitation or permission.

V

Vicarious Liability

Legal responsibility for TCPA violations committed by agents, vendors, or contractors acting on a company's behalf. Companies can be held liable for their vendors' TCPA violations.

Voice Broadcasting

Technology that delivers prerecorded voice messages to multiple recipients simultaneously. Subject to TCPA restrictions on prerecorded messages and typically requires prior express written consent.

Vendor Due Diligence

The process of investigating and evaluating a lead vendor's or partner's TCPA compliance practices before entering a business relationship. Includes reviewing consent procedures, technology, and litigation history.

Venue

The court location where a TCPA lawsuit is filed. Plaintiffs often choose plaintiff-friendly jurisdictions, which defendants may challenge through motions to transfer venue.

Vendor Scorecard

A rating system for evaluating lead vendors based on TCPA compliance factors including consent quality, complaint rates, DNC hit rates, and litigation history.

W

Wrong Number Defense

A defense in TCPA cases arguing that the caller had valid consent from the original number holder but the number was reassigned. Effectiveness limited by the FCC Reassigned Numbers Database.

Washington Automatic Dialing and Announcing Device Law

Washington state's law (RCW 80.36.400) regulating automatic dialing and announcing devices with requirements that may differ from the federal TCPA.

Wireless Number Identification

The process of determining whether a phone number is a wireless (cell phone) number, which triggers the ATDS consent requirement under the TCPA.

Warm Transfer

Transferring a live call to another agent or company with the consumer on the line and introducing the new party. May have TCPA implications if the transfer is to a party not covered by the original consent.

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