This disclosure outlines the responsibilities and obligations of SalesPulse users regarding the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. § 227, and related federal and state telemarketing regulations. SalesPulse provides tools that can be used for automated and semi-automated calling and texting. As a user of these tools, you are responsible for ensuring your use complies with all applicable laws.
1. What Is the TCPA?
The TCPA is a federal law that restricts telemarketing calls, auto-dialed calls, pre-recorded calls, and unsolicited text messages. It applies to calls and texts made to both landlines and mobile phones. Violations can result in statutory damages of $500 to $1,500 per call or text message.
2. SalesPulse's Role
SalesPulse provides the technology platform. You, the user, are solely responsible for ensuring that your use of the platform complies with the TCPA, the Telemarketing Sales Rule (TSR), and all applicable state telemarketing laws. SalesPulse does not make calls or send texts on your behalf — we provide the tools that you use to do so.
3. Your Obligations
By using SalesPulse's calling, texting, or AI dialer features, you represent and warrant that:
3.1 Prior Express Written Consent
- You have obtained prior express written consent before making any telemarketing call or sending any marketing text message using autodialing technology or prerecorded/artificial voice messages.
- Written consent must include: the consumer's signature (which may be electronic), a clear authorization to receive calls/texts at a specific number, the identity of the caller, and disclosure that consent is not a condition of purchase.
- You maintain records of all consents obtained and can produce them upon request.
3.2 Do Not Call Compliance
- You maintain and honor an internal Do Not Call (DNC) list and scrub your call lists against the National Do Not Call Registry.
- You do not call numbers that have been on the National DNC Registry for more than 31 days (unless you have an established business relationship or prior express consent).
- You comply with all state Do Not Call lists and restrictions, which may be more restrictive than federal requirements.
3.3 Calling Hours and Identification
- You do not make telemarketing calls before 8:00 AM or after 9:00 PM in the recipient's local time zone.
- You transmit accurate Caller ID information and do not spoof or manipulate the calling number displayed to recipients.
- You promptly identify yourself, the purpose of the call, and the entity on whose behalf the call is being made at the beginning of each call.
3.4 Opt-Out Mechanisms
- You provide a clear mechanism for recipients to opt out of future calls and texts (e.g., "Reply STOP to unsubscribe" for SMS).
- You honor opt-out requests within a reasonable time (no more than 30 days for calls, immediately for texts).
- You add opted-out numbers to your internal DNC list and do not contact them again unless new consent is obtained.
3.5 AI Dialer Specific Requirements
- When using SalesPulse's AI dialer features, you understand that the AI may qualify as an "artificial or prerecorded voice" under the TCPA, which triggers heightened consent requirements.
- You must have prior express written consent before using the AI dialer for telemarketing purposes.
- You must clearly disclose to recipients when they are speaking with an AI system rather than a live person, as required by applicable state laws.
4. Call Recording Consent
SalesPulse offers call recording and AI transcription features. Recording laws vary by state:
- One-Party Consent States: Only one party (you) needs to consent to the recording. Most states follow this rule.
- All-Party Consent States: All parties on the call must consent to recording. These states currently include: California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Oregon, Pennsylvania, Vermont, and Washington.
You are responsible for knowing which recording consent law applies to each call (typically determined by the location of the person being called) and for obtaining all necessary consents before recording.
5. State-Specific Requirements
Many states have telemarketing laws that are more restrictive than the TCPA, including additional registration requirements, restricted calling hours, enhanced DNC requirements, and specific disclosure obligations. You are responsible for complying with the laws of every state in which you make calls or send texts.
6. Record Keeping
You should maintain records of the following for at least 5 years:
- Consent records (when, how, and from whom consent was obtained).
- Your internal Do Not Call list with dates added.
- DNC Registry access confirmations and scrub dates.
- Call logs (date, time, number called, duration, outcome).
- Opt-out requests and dates honored.
7. Consequences of Non-Compliance
TCPA violations can result in:
- $500 per violation (per call or text) for negligent violations.
- $1,500 per violation for knowing or willful violations.
- FCC enforcement actions, including fines.
- State attorney general enforcement actions.
- Private class action lawsuits (which are common in TCPA litigation).
SalesPulse reserves the right to suspend or terminate accounts that violate the TCPA or that generate complaints, legal actions, or carrier blocks related to non-compliant calling or texting practices.
8. Indemnification
You agree to indemnify and hold harmless SalesPulse from any claims, damages, fines, or liabilities arising from your use of the platform's calling, texting, or AI dialer features in violation of the TCPA or any other applicable law.
9. Disclaimer
This disclosure is provided for informational purposes only and does not constitute legal advice. TCPA compliance is complex and fact-specific. We strongly recommend consulting with a telecommunications attorney to ensure your specific calling and texting practices comply with all applicable laws.
10. Contact
For questions about TCPA compliance or this disclosure:
SalesPulse Inc.
Fajardo, Puerto Rico
Email: sales@salespulse.app
Phone: (787) 965-4777