TCPA Compliance Policy

1. What is the TCPA?

The Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, is a US federal law enacted in 1991 and significantly updated since, that restricts telemarketing calls, auto-dialled calls, pre-recorded voice messages, and text messages. It is enforced by the Federal Communications Commission (FCC) and allows individuals to sue for $500–$1,500 per violation.

In the context of AI calling:

• AI voice agents that make outbound calls using automated technology are subject to TCPA requirements
• Calls to mobile phones using an autodialer or pre-recorded/artificial voice require prior express written consent
• Calls to residential landlines using a pre-recorded or artificial voice require prior express consent
• Purely manual calls (human-dialled, no AI) have fewer restrictions but still cannot be made to DNC-listed numbers without consent

2. Who Does It Apply To?

The TCPA applies to any person or business that:

• Makes telemarketing or informational calls to US phone numbers
• Uses an automated telephone dialling system (ATDS) or artificial/pre-recorded voice
• Sends marketing text messages to US mobile numbers

If you are using Claustaff to make calls to US phone numbers — regardless of where your business is located — the TCPA applies to you.

3. Consent Requirements

3.1 Prior Express Written Consent (PEWC)

For marketing calls and texts to mobile phones using an ATDS or AI/pre-recorded voice, you must obtain Prior Express Written Consent (PEWC) before calling. PEWC must:

• Be in writing (electronic signatures are acceptable)
• Clearly disclose that the consumer is agreeing to receive autodialled or pre-recorded/AI calls or texts
• Identify your company by name
• Not be a condition of purchasing goods or services
• Include the consumer's phone number

3.2 Prior Express Consent

For non-marketing, informational calls (e.g. appointment reminders, service notifications), prior express consent — which may be less formal than PEWC — is required for calls to mobile phones using AI/automated technology.

3.3 Established Business Relationship (EBR)

An existing business relationship does NOT exempt you from TCPA consent requirements for AI/automated calls to mobile phones. EBR only provides a limited exemption for certain residential landline calls.

3.4 Consent Records

You must maintain records of all consents obtained, including:

• Date and time consent was given
• Method of consent (web form, signed document, etc.)
• Exact language of the consent disclosure
• The phone number consented

Retain consent records for a minimum of 4 years (the TCPA statute of limitations).

4. Do-Not-Call (DNC) Rules

4.1 National Do Not Call Registry

You must not make telemarketing calls to numbers listed on the Federal Trade Commission's National Do Not Call Registry. You must:

• Subscribe to and regularly scrub your calling lists against the National DNC Registry
• Honour DNC registrations within 31 days of the consumer registering
• Maintain your own internal DNC list
• Honour opt-out requests within 30 days and retain opt-out records for 5 years

4.2 Internal DNC List

Regardless of national registry status, you must maintain your own Do-Not-Call list and immediately add any consumer who requests not to be called. This applies even if the consumer previously gave consent.

4.3 State DNC Registries

Several US states maintain their own DNC registries (e.g. Indiana, Texas, Wyoming). You must check and honour state-level DNC registries in addition to the national registry.

5. AI Caller Disclosure Requirements

Federal and state laws increasingly require disclosure when a call is made by an AI agent rather than a human. As of 2026:

• FCC AI Disclosure Rule (2024): callers using AI-generated voices must disclose this at the beginning of the call
• Several US states (including California, Texas, and others) have or are enacting laws requiring AI caller disclosure
• Best practice and increasingly a legal requirement: your AI agent should introduce itself as an AI at the start of every call

Claustaff's platform allows you to configure your agent's opening script. It is your responsibility to include a compliant AI disclosure in that script.

6. Calling Hours

Under the TCPA and FTC Telemarketing Sales Rule (TSR), telemarketing calls may only be made:

"Local time of the called party" means the time zone of the number being called, not your business's time zone. Configure your Claustaff calling schedules accordingly using the platform's call scheduling features.

7. International Calling Laws

If you are calling outside the US, different laws apply:

This table is a summary only. Laws change frequently and vary by country and use case. We strongly recommend consulting a legal professional qualified in the relevant jurisdiction before running international calling campaigns.

8. How Claustaff Supports Compliance

Claustaff provides the following tools to help you comply with calling regulations:

• Call scheduling: configure calling hours per campaign to restrict calls to permitted time windows in the called party's time zone
• Opt-out detection: AI agents can be configured to detect and honour opt-out requests ("remove me", "stop calling", "do not call") in real time and suppress those numbers automatically
• Opening script configuration: full control over your agent's opening script to include required AI disclosures and call recording notices
• Call recording and transcription: maintain records of all calls for compliance auditing
• DNC list upload: upload your internal DNC lists to suppress numbers before campaigns launch
• CRM sync: opt-out status can be synced back to your CRM automatically

These tools assist compliance — they do not guarantee it. Compliance ultimately depends on how you configure and use the platform.

9. Your Responsibility

Your responsibilities include:

• Obtaining all required consents before calling
• Scrubbing your lists against national and state/provincial DNC registries
• Maintaining your own internal DNC list and honouring opt-outs promptly
• Configuring your AI agents to disclose they are AI at the start of every call
• Restricting calls to permitted hours in the called party's time zone
• Identifying your business name and providing a callback number during calls
• Maintaining records of all consents, opt-outs, and call logs
• Consulting qualified legal counsel for your specific use case and jurisdictions

10. Violations & Enforcement

If Claustaff determines or receives credible evidence that a user is violating the TCPA or other applicable calling laws, we reserve the right to:

• Suspend or terminate the user's account immediately without notice or refund
• Cooperate with law enforcement or regulatory authorities (FCC, FTC, ACMA, ICO, etc.) as required
• Disclose user information in response to valid legal process

Users who violate calling laws expose themselves — not Claustaff — to regulatory enforcement, FCC/FTC actions, and private class action lawsuits. As stated in our Terms of Service, you agree to indemnify Claustaff against any claims arising from your non-compliance.

11. Contact

For questions about compliance or to report a compliance concern:

Disclaimer: This policy is provided for informational purposes only and does not constitute legal advice. Laws governing AI calling, telemarketing, and consumer protection change frequently. We strongly recommend consulting a qualified attorney in your jurisdiction before running calling campaigns.