What is TCPA Compliance?

The Telephone Consumer Protection Act (“TCPA”) is a United States law designed to protect consumers from auto-dialed calls and robo-calls. For the TCPA to apply to the calls, the call’s purpose must be for marketing and advertising. The TCPA was later updated to include text-messaging as a form of auto-created communication that the TCPA protects against. A built-in exception of the TCPA allows that: “non-autodialed text messages do not require the message recipient’s consent if the message in question is informational in nature."

Under TCPA regulations, the Whisp.IO designed text messaging sequence with consumers is fully compliant due to the following reasons:

• Whisp.IO’s text messaging system does not have the ability to generate phone numbers and requires human intervention (the consumer must actively provide their cell number). Because of these reasons, Whisp.IO’s system is not an auto-dialer for the TCPA.
• Messages sent in direct response to a consumer request for information are considered “Informational” and the TCPA does not apply.
• The Consumer must consent to the text sequence by clicking through the widget and providing their cell-phone number. The text messaging sequence also allows for Opt-out (by texting “Stop”) at every level to further allow for consumer consent and opt-out.