TCPA Compliance Policy

1. What is the TCPA?

The Telephone Consumer Protection Act (TCPA) is a federal law that restricts telemarketing calls, auto-dialed calls, prerecorded calls, text messages, and unsolicited faxes. Violations can result in statutory damages of $500–$1,500 per call or message.

Key provisions relevant to insurance agents include restrictions on:

• Calling or texting numbers on the National Do Not Call (DNC) Registry
• Using automated telephone dialing systems (ATDS) without prior express consent
• Making calls before 8:00 AM or after 9:00 PM in the recipient's local time zone
• Continuing to call someone after they request to be placed on your internal DNC list

2. Your Responsibilities as a User

You are solely responsible for:

• Obtaining proper consent before calling or texting leads, as required by the TCPA and applicable state laws
• Scrubbing your lists against the National DNC Registry and your internal DNC list before dialing
• Respecting calling hours
— only calling between 8:00 AM and 9:00 PM in the contact's local time zone
• Honoring opt-out requests immediately and maintaining an internal DNC list
• Identifying yourself at the beginning of each call with your name, organization, and a callback number
• Complying with state laws, which may be stricter than federal TCPA requirements
• Maintaining records of consent, call logs, and DNC requests

3. How Agent Flowz Supports Compliance

Agent Flowz includes several built-in tools to assist with compliance:

• DNC Management: Mark contacts as Do Not Call. Marked contacts are flagged in the dialer to prevent accidental calls.
• Calling Hours Enforcement: The platform displays local time for each contact and can warn agents about out-of-hours calls.
• Call Logging: Every call is logged with timestamp, duration, and disposition for your records.
• Call Recording: Recordings are stored securely for compliance and quality review purposes.
• Consent Tracking: Record how and when a contact gave consent to be contacted.
• Audit Logs: A full activity history on every contact record.

These features are tools to assist you — they do not guarantee legal compliance. You are responsible for understanding and following all applicable laws.

4. Call Recording Consent

Call recording laws vary by state. Some states are "one-party consent" states (only one party to the call needs to consent to recording), while others are "two-party" or "all-party" consent states (all participants must consent).

Two-party consent states include: California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, and Washington, among others.

If you use call recording in Agent Flowz, you are responsible for:

• Notifying call participants that the call is being recorded
• Obtaining consent where required by applicable state law
• Including a disclosure in your call script where required

5. SMS & Text Messaging

Text messaging through Agent Flowz is subject to the TCPA and CTIA guidelines. Before sending any marketing or informational texts, you must have:

• Prior express written consent from the recipient for marketing messages
• A clear opt-out mechanism (e.g., "Reply STOP to unsubscribe")
• Honored all opt-out requests within 10 business days

6. National Do Not Call Registry

You are required to subscribe to and scrub your calling lists against the National Do Not Call Registry before making outbound calls to consumers. The FTC requires businesses to access the DNC Registry at donotcall.gov. Calling a number on the DNC Registry without a valid exemption (such as an established business relationship) can result in significant penalties.

7. State Telemarketing Laws

Many states have telemarketing laws that are stricter than the TCPA. Some states require registration as a telemarketer, impose earlier calling-hour restrictions, or have additional consent requirements. You are responsible for knowing and complying with the laws of every state in which you operate.

8. Violations & Termination

Agent Flowz reserves the right to suspend or terminate accounts that we determine, in our sole discretion, are being used to violate the TCPA, state telemarketing laws, or this policy. We may cooperate with law enforcement investigations related to telemarketing violations.

9. Resources

• FCC: TCPA Overview
• National Do Not Call Registry
• FTC: Telemarketing Sales Rule

10. Contact

Questions about TCPA compliance on the platform? Contact us: