TCPA, Telemarketing & Do-Not-Call Policy

1. Allocation of Responsibility

You determine whether your campaign is covered by the Telephone Consumer Protection Act and FCC rules, the FTC Telemarketing Sales Rule, state mini-TCPA and telemarketing statutes, licensing, registration and bonding rules, and any local restriction. LeadQuarry provides tooling — do-not-contact flags, per-phone suppression, contact logging, quiet-hour advisories — but that tooling is an aid to your programme, not a determination that a campaign is lawful.

2. Default Rule

Treat every public-record-derived lead as carrying no consent. Do-not-call status and TCPA consent are separate questions: the absence of a number from a registry is not consent to use regulated technology. An established business relationship, where it is recognized at all, is limited and does not universally excuse prerecorded, artificial-voice or automated outreach. Text messages can be regulated as calls.

3. Controls You Must Operate

Identify the responsible seller and transmit accurate caller ID.

Map the called party's likely location and apply the strictest applicable calling window and holiday restriction.

Maintain written do-not-call procedures, trained personnel, monitoring, and an entity-specific suppression list.

Hold your own authorized access to the National Do Not Call Registry and to the applicable state lists, or use a properly authorized service provider.

Use registry data only for compliance. Never expose it, repurpose it, or place it in an ordinary export.

Scrub with the freshness the law requires. As a federal operational baseline, use a National Registry version no older than 31 days, and apply any shorter state interval.

Determine whether your dialing or messaging technology and your message type require prior express consent or prior express written consent, and preserve the proof.

Assess reassigned-number and wrong-number risk, and stop once you are on notice.

Give the required identity, purpose and opt-out disclosures.

Honour any reasonable revocation or do-not-call request promptly and across every applicable campaign.

Control frequency, abandonment rate, ring time, prerecorded-message opt-out and quiet hours.

Retain campaign, consent, registry, script, disposition and complaint records.

4. Prohibited Practices

Do not spoof or block required caller ID; call from unmonitored numbers; evade registry rules; use misleading local presence dialing; ignore a STOP or a verbal request; make repeated calls intended to annoy, abuse or harass; use prerecorded or artificial voice or automated technology without the required consent; treat your LeadQuarry subscription as consent; share National Registry data; or claim that LeadQuarry, a court, a county or an agency authorized your call.

5. Consent Evidence Standard

Where consent is required, you must hold a reproducible record showing the consumer's affirmative act, the exact disclosure shown, the seller or sellers named, the phone number, the channel and technology covered, the purpose, the date, time and time zone, the source URL or form, IP and device data where appropriate, the version, and any later revocation. Consent must satisfy federal and state law as it stands at the time.

Following the Eleventh Circuit's 2025 vacatur of the FCC's 2023 “one-to-one” lead-generator rule, do not assume that broad multi-seller consent is lawful. Our contractual default remains seller-specific, clear, conspicuous and purpose-related consent, as a risk control.

6. Suppression Workflow

Log every do-not-call or revocation request at intake, apply it to your active systems without avoidable delay, propagate it to the relevant vendors, and protect it against reintroduction. Do not delete suppression evidence merely because you deleted other Lead Data. Within the platform, marking a lead do-not-contact or a phone number DNC excludes it from handoff and export surfaces — the number is physically absent from the output, not merely flagged.

7. Suggested Live-Call Opening

“Hello, may I speak with [NAME]? My name is [AGENT], calling on behalf of [YOUR LEGAL NAME] about [TRUTHFUL PURPOSE]. This is a marketing call. We are not affiliated with any court or government agency. If you do not want calls from us, please tell me and I will add you to our do-not-call list.”

This is a starting template, not a safe harbour. Adapt it to your campaign, state, profession and channel with your own counsel.