TCPA Compliance

This document explains the Telephone Consumer Protection Act (TCPA) and your compliance obligations when using Sonafone for voice communications.

What Is the TCPA?

The Telephone Consumer Protection Act (47 U.S.C. § 227) is a federal law that regulates telemarketing calls, auto-dialed calls, prerecorded voice messages, text messages, and unsolicited faxes. The TCPA is enforced by the Federal Communications Commission (FCC) and provides consumers with protections against unwanted communications.

TCPA Requirements Overview

Key Prohibitions

The TCPA generally prohibits:

Consent Requirements

Your Responsibilities

If You Use Sonafone for Personal Use

Personal calls to friends, family, and acquaintances are generally not subject to TCPA restrictions. However, you must:

• Not use auto-dialing features for unsolicited calls
• Respect requests to stop calling
• Follow general harassment laws

If You Use Sonafone for Business Communications

When using Sonafone for business purposes, you must comply with all TCPA requirements:

1. Obtain Proper Consent

Before making telemarketing calls, you must obtain:

Prior Express Written Consent (for ATDS calls or prerecorded messages):

• A written agreement that:
  • Bears the signature of the called party
  • Clearly authorizes the caller to deliver calls/texts using an autodialer or prerecorded voice
  • Includes the phone number to be called
  • States that consent is not a condition of purchase

Prior Express Consent (for informational ATDS calls):

• Verbal or written consent from the called party
• Documentation that consent was obtained

2. Honor the Do Not Call Registry

If making telemarketing calls:

• Scrub your call lists against the National Do Not Call Registry
• Access the registry at donotcall.gov
• Update your lists at least every 31 days
• Maintain your own internal Do Not Call list

3. Respect Time Restrictions

• Do not make telemarketing calls before 8:00 AM or after 9:00 PM in the recipient's time zone
• Be aware of different time zones across the U.S.

4. Identify Yourself

When making calls, you must:

• State your name or the name of the entity on whose behalf you're calling
• Provide a phone number or address for the entity
• For prerecorded messages, provide an opt-out mechanism

5. Honor Opt-Out Requests

• Stop calling within a reasonable time (generally within 30 days)
• Maintain an internal Do Not Call list
• Honor all opt-out requests

Sonafone's Role

What We Provide

Sonafone provides voice calling technology. We:

• Enable you to make voice calls
• Do not determine how you use the Service
• Do not monitor your compliance with TCPA
• Do not have access to your call scripts or consent records

What We Do NOT Do

Sonafone does not:

• Provide auto-dialer functionality designed for mass marketing
• Make calls on your behalf
• Collect consent from people you call
• Maintain your Do Not Call lists
• Monitor the content or purpose of your calls

Your Sole Responsibility

You are solely responsible for:

• Determining if TCPA applies to your calls
• Obtaining required consent
• Maintaining consent records
• Honoring Do Not Call requests
• Complying with all TCPA requirements

Penalties for TCPA Violations

TCPA violations can result in significant penalties:

Statutory Damages

Class Action Exposure

• TCPA lawsuits are often filed as class actions
• Damages can quickly reach millions of dollars
• High-volume callers face substantial exposure

Real-World Examples

• Companies have faced settlements exceeding $10 million
• Individual plaintiffs have received thousands in damages
• Class actions have involved millions of calls

TCPA Exemptions

Certain calls may be exempt from TCPA requirements:

Note: Exemptions are narrow and fact-specific. Consult legal counsel before relying on any exemption.

Best Practices for Compliance

Documentation

• Keep records of all consent obtained
• Document how consent was obtained (web form, verbal, written)
• Retain consent records for at least 4 years
• Record the date and time consent was given

Call Management

• Use call lists responsibly
• Scrub against Do Not Call Registry before campaigns
• Implement automated do-not-call list management
• Train staff on TCPA requirements

Technology Considerations

While Sonafone is a manual dialing service, be aware that:

• Some courts have broad interpretations of "auto-dialer"
• Using features that enhance calling speed may raise issues
• When in doubt, obtain written consent

Consent Documentation Template

Consider obtaining consent that includes:

"By providing my phone number, I consent to receive calls from [Your Company] at this number, including calls made using an automatic telephone dialing system or prerecorded voice. This consent is not required as a condition of purchase."

Signature: ____________________ Phone Number: ____________________ Date: ____________________

If You Receive a TCPA Complaint

If someone claims you violated the TCPA:

1. Stop Calling Immediately: Add them to your internal Do Not Call list
2. Document Everything: Preserve all records related to the calls
3. Review Consent Records: Verify you had proper consent
4. Consult Legal Counsel: TCPA claims should be taken seriously

Reporting Violations

If you receive unwanted calls in violation of TCPA:

• File a complaint with the FCC: consumercomplaints.fcc.gov
• Register for the Do Not Call Registry: donotcall.gov
• Report to the FTC: reportfraud.ftc.gov

FCC Resources

For more information about TCPA compliance:

• FCC TCPA Rules
• FCC Consumer Guide to Unwanted Calls
• National Do Not Call Registry

Disclaimer

This document is for informational purposes only and does not constitute legal advice.

TCPA law is complex and evolving. Court decisions and FCC orders regularly impact compliance requirements. We strongly recommend consulting with a qualified attorney specializing in telecommunications law before engaging in any activities that may be subject to the TCPA.

Related Policies

• Acceptable Use Policy
• Do Not Call Policy
• Terms of Service

Contact Information

For questions about this TCPA Compliance document:

Cosmo Suite LLC 525 Randall Ave #245 Cheyenne, WY

Email: support@sonafone.com Website: sonafone.com

Last updated: January 2, 2026