TCPA Compliance Policy

Effective Date: September 24, 2026

By using i3Simple for any outbound calling you agree to comply fully with this Policy. i3Simple provides technology infrastructure. We are not a law firm and nothing here is legal advice. You are solely responsible for ensuring your use complies with the TCPA and all related federal and state telemarketing law.

i3Simple disclaims all liability for TCPA violations resulting from your use of the platform, and you agree to indemnify i3Simple for any resulting claims, damages, fines or legal fees.

Prior Express Consent

Landlines: Before making prerecorded or artificial voice calls to residential landlines, obtain prior express consent (written or oral).

Cell phones: Before any autodialed or prerecorded call to a cell phone, obtain prior express written consent that includes: a clear disclosure that the person is authorising automated calls, the specific number authorised, a statement that consent is not a condition of purchase, and the signature of the called party (electronic accepted).

These do NOT constitute valid consent:

• Buying a contact list, however it is described
• Scraping numbers from websites or social media
• Exchanging a business card, or meeting at an event
• Assuming consent because someone is already a customer, without specific written consent for automated calls

An important note on AI calls

Regulators treat an AI voice as an artificial or prerecorded voice. Using an AI agent to call someone does not lower the consent standard; if anything it raises the care you should take. Disclose that the caller is an automated system.

Do Not Call Compliance

National DNC Registry: Register your organisation, refresh registry data at least every 31 days, never call a number registered more than 31 days, and keep records of your scrubbing.

Internal DNC list: Maintain your own list, honour opt-out requests immediately and in no case later than the law allows, keep numbers on the list indefinitely unless the person revokes, and configure your agents to recognise and record opt-out requests. Common phrases: “stop calling me”, “remove me from your list”, “I do not want to be called”, “add me to your do not call list”. The platform records opt-outs so the number is not called again through i3Simple; it does not scrub your other systems.

State registries: Many states run their own. You are responsible for every state you call into.

Calling Times

Calls may only be made between 8:00 AM and 9:00 PM in the called party’s local time. Many states are stricter. Setting a calling window in i3Simple does not by itself make you compliant; you are responsible for the rules that apply.

Required Disclosures

• Caller identification: every outbound call must promptly give the business’s legal name and a number where it can be reached.
• Purpose: for telemarketing calls, state the purpose promptly and without deception.
• Recording: where required, disclose at the start that the call may be recorded. All-party consent states include California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Oregon, Pennsylvania and Washington.
• Automated call: disclose that the caller is an automated system. Failing to do so may itself be a deceptive practice.

Abandoned Calls

Under the Telemarketing Sales Rule, a call is abandoned if you fail to connect within 2 seconds of the called party’s greeting. Abandonment must not exceed 3% of answered calls over 30 days, and an abandoned call must play a message naming the seller and a callback number.

Prohibited

Calling registry or internal DNC numbers without an exemption; calling outside permitted hours; false or misleading caller ID; impersonating government, law enforcement or another business; threatening or abusive language; calling 911 or emergency lines through an AI agent; calling hospital rooms or healthcare facilities without authorisation; deceptive scripts; anything otherwise unlawful.

Record Keeping

Consent: keep for at least 5 years — date and method, the number, the exact language used, and who gave it.
DNC: date received, number, how it was received, date added to your internal list.
Campaigns: name, dates, call volumes, scrubbing confirmation, calling windows, and any complaints.

Industry Notes

Healthcare: i3Simple does not currently offer a Business Associate Agreement and the platform should not be used for protected health information under HIPAA. General appointment scheduling that does not involve PHI is acceptable.
Debt collection: the FDCPA imposes further restrictions. Compliance is yours.
Insurance: state regulators may impose additional requirements.

Platform Enforcement

We monitor for signs of violation: unusual volumes, high rejection rates, complaint patterns, off-hours calling. We may suspend an account immediately where we believe a violation is occurring. In an investigation we may be required to give call records and account information to regulators or law enforcement.

Report violations: legal@i3simple.com

Resources

FTC Telemarketing Sales Rule (ftc.gov) · FCC TCPA resources (fcc.gov) · National Do Not Call Registry (donotcall.gov) · your state attorney general. We strongly encourage anyone running outbound campaigns to take legal advice.