Compliance
TCPA-Compliant Live Transfers: What Buyers Should Ask Their Vendor
What makes a live transfer TCPA-compliant: consent to be connected, consent certificates, call recordings, Do Not Call scrubbing and traffic controls. The questions law firms and insurance agencies should ask.
Key takeaways
- A compliant live transfer can show the caller's consent, a Do Not Call check before outbound contact, and the recording of the call.
- Ask your vendor how every caller reached them and what they agreed to.
- RingOnDemand captures consent to transfer and third-party consent certificates, and records every intake call.
- Legal advertising and Medicare carry their own rules on top of the TCPA.
A TCPA-compliant live transfer is a call where the consumer's consent to be contacted and connected can be shown, the number was checked against the Do Not Call Registry before any outbound call or text, and the call itself is on the record. For a law firm or insurance agency buying calls, the practical test is simple: can your vendor show you how every caller reached them, what the caller agreed to, and the recording of the call?
What is the TCPA?
The Telephone Consumer Protection Act (TCPA) is the federal law that limits telemarketing calls and texts, including calls made with autodialers or prerecorded voices, and calls to numbers on the National Do Not Call Registry. Because live transfers involve contacting consumers and passing them to a buyer, buyers have good reason to ask how their vendor handles consent. This article is general information, not legal advice; talk to your own counsel about your obligations.
What should a compliant live transfer include?
| Control | What it shows | How we handle it |
|---|---|---|
| Consent to transfer | The caller agreed to be connected | Every caller agrees to be connected before we transfer them |
| Consent certificate | An independent record of how and when consent was given | We capture third-party consent certificates |
| Call recording | What was said on the call | Every intake call is recorded, and you can get the recording |
| Do Not Call scrub | The number was checked before outbound contact | Numbers are scrubbed against the National Do Not Call Registry before we call or text them |
| Traffic controls | How the caller was reached | Publisher ads approved before they run; robocalls, incentivized and misleading traffic banned |
| Data protection | Who can see caller data | Caller data is encrypted, and only staff who need it can see it |
What should you ask your call vendor?
- How did each caller reach you? Your own ads, a publisher network, or outbound contact?
- What did the caller agree to, and is there an independent record?
- Can I get the recording of any call you send me?
- Are numbers scrubbed against the Do Not Call Registry before outbound calls or texts?
- How are publishers vetted, and what traffic is banned?
- Can you remove a publisher that breaks the rules? We audit sources and can remove a publisher at any time.
What about regulated verticals?
Some verticals carry their own rules on top of the TCPA:
- Legal advertising. State bar rules govern attorney advertising. In California, our ads run under your firm's name and you approve every creative before it runs.
- Medicare. CMS rules cover third-party marketing organizations. Our Medicare calls follow them, including the required disclaimer, and we keep Medicare recordings for 10 years. Read Medicare live transfers.
Why does it matter for buyers?
A call that cannot be traced back to consent is a risk to the firm or agency that took it, whatever it cost. Buying from a vendor that records every call, captures consent certificates and controls its publishers lets you answer the question before anyone asks it.
See every control on our compliance page, or book a call and we will show you the ads, the intake questions and how consent is captured.