TCPA & SMS Compliance
Critical: The Telephone Consumer Protection Act (TCPA) is one of the most heavily litigated US consumer laws. Violations can cost $500-$1,500 per call/text. Auttiv provides tools to help you comply, but YOU are the responsible party.
What the TCPA requires
Before contacting a consumer via SMS, MMS, or call (especially auto-dialed or pre-recorded):
- Prior Express Written Consent (PEWC): the consumer must have agreed in writing to receive automated marketing texts/calls from your specific business. Pre-checked boxes are NOT consent.
- Clear opt-out: every message must include a way to opt out (e.g., "Reply STOP").
- Honor opt-outs immediately: within 24 hours typically, with no fees.
- DNC scrub: if you're calling/texting from a list (not just responding to inbound), scrub against the National Do Not Call Registry where applicable.
How Auttiv helps
- Consent tracking: when a buyer submits interest via the public marketplace, the consent text shown to them is recorded (exact wording, timestamp, IP) in the database.
- STOP handling: our SMS infrastructure auto-detects STOP/UNSUBSCRIBE/QUIT and updates the lead's opt-out status immediately. Future sends are blocked.
- Required opt-out language: our cadence templates include "Reply STOP to opt out" by default. Don't remove it.
- Quiet hours: we don't send SMS outside 8 AM – 9 PM in the recipient's local time (per FCC rules).
- Audit log: every outbound SMS is logged with the consent record at the time of send.
- Carrier compliance: our Twilio infrastructure includes A2P 10DLC registration for toll-free and 10-digit numbers.
What you (the seller) must do
- Only contact leads who have submitted interest via your customer portal, your dealership's website, or other PEWC channels
- Do NOT import "purchased lead lists" without verifying each entry has documented consent
- Honor opt-out requests promptly
- Keep records of consent for at least 4 years
- Train your sales team on these rules
- If you're contacting cold leads at scale, consult a TCPA attorney
A2P 10DLC and toll-free verification
To send SMS to US numbers, your sending number must be registered for A2P (Application-to-Person) traffic:
- 10DLC: 10-digit local numbers must be registered with the Campaign Registry. We handle this during onboarding.
- Toll-free: toll-free numbers (877, 800, 888, 866, 855, 844, 833) must complete Twilio's verification process. Setup time: 2-6 weeks. We guide you through it.
- Throughput: verified numbers can send at higher rates; unverified are heavily throttled or blocked.
International SMS regulations
If you contact non-US numbers, equivalent laws apply:
- 🇨🇦 Canada — CASL (Canadian Anti-Spam Legislation)
- 🇪🇺 EU — GDPR Art. 6, ePrivacy Directive, national rules
- 🇬🇧 UK — UK GDPR, PECR
- 🇲🇽 Mexico — LFPDPPP + IFETEL telecommunications rules
- 🇧🇷 Brazil — LGPD + Marco Civil + ANATEL
- 🇦🇺 Australia — Spam Act 2003
Auttiv applies similar consent-tracking patterns across all jurisdictions, but you must comply with local law in any country where you contact consumers.
Disclaimer
This page is informational, not legal advice. TCPA and similar laws are complex and case law evolves. For your specific situation, consult a qualified attorney.