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TCPA Compliance Policy

Effective Date: April 17, 2026

By using the i3Simple platform for any outbound calling activity you agree to comply fully with this TCPA Policy. i3Simple provides technology infrastructure for AI-powered voice communications. We are not a law firm and nothing in this Policy constitutes legal advice. You are solely and entirely responsible for ensuring that your use of i3Simple complies with the TCPA and all related federal and state telemarketing laws.

i3Simple expressly disclaims all liability for TCPA violations resulting from your use of the platform. You agree to fully indemnify i3Simple for any claims, damages, fines, or legal fees resulting from your non-compliance.

Prior Express Consent Requirements

Calls to Landlines: Before making prerecorded or artificial voice calls to residential landlines, you must obtain prior express consent from the called party (written or oral agreement).

Calls to Cell Phones: Before making any autodialed or prerecorded calls to cell phones, you must obtain prior express written consent that includes: a clear disclosure that the person is authorizing automated calls, the specific phone number authorized, a statement that consent is not a condition of purchase, and the signature of the called party (electronic signatures accepted).

What Does NOT Constitute Valid Consent:

  • Purchasing a contact list from a third-party vendor, even if claimed to be TCPA compliant
  • Scraping phone numbers from websites or social media
  • Business card exchange or networking context without explicit consent to automated calls
  • Assuming consent because someone is an existing customer, unless specific written consent for automated calling has been obtained

Do Not Call Compliance

National DNC Registry: You must register your organization, access updated registry data at least every 31 days, never call numbers registered for more than 31 days, and maintain records of registry subscriptions and scrubbing activities.

Internal Do Not Call List: You must maintain your own DNC list, honor opt-out requests within 30 days, retain numbers on your list indefinitely unless the individual revokes the request, and configure your AI agents to recognize and record DNC requests during calls. Common opt-out phrases include: “stop calling me,” “remove me from your list,” “I do not want to be called,” “add me to your do not call list.”

State DNC Lists: Many states maintain their own DNC registries. You are responsible for identifying and complying with all applicable state requirements in every state where you conduct calling activity.

Calling Time Restrictions

Under the TCPA and FTC Telemarketing Sales Rule, calls may only be made between 8:00 AM and 9:00 PM local time of the called party. Calls outside these hours are prohibited regardless of the caller’s time zone. Many states impose stricter restrictions — you are responsible for complying with the most restrictive applicable rules. Note: setting a calling window in i3Simple does not guarantee compliance with all applicable restrictions.

Required Disclosures

  • Caller Identification: Every outbound call must promptly disclose the legal name of the business and a phone number where the business can be reached.
  • Purpose of Call: For telemarketing calls, the purpose must be promptly disclosed. No deceptive or misleading descriptions.
  • Call Recording Disclosure: Where required by applicable law, disclose at the beginning of the call that the conversation may be recorded. States with all-party consent requirements include California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, and Washington.
  • Automated Call Disclosure: Best practice (and in many cases a legal requirement) is to disclose that the caller is an automated system. Failing to do so may constitute a deceptive practice.

Abandoned Call Rules

Under the FTC Telemarketing Sales Rule, a call is abandoned if the caller fails to connect within 2 seconds of the called party’s completed greeting. The abandonment rate must not exceed 3% of all answered calls over a 30-day period. Abandoned calls must play a recorded message stating the name and phone number of the seller.

Prohibited Calling Practices

  • Calling numbers on the National DNC Registry without a qualifying exemption
  • Calling numbers on your internal DNC list
  • Calling outside of permitted hours
  • Using false or misleading caller ID information
  • Impersonating government agencies, law enforcement, or other organizations
  • Using threatening, abusive, or harassing language
  • Calling emergency lines (911) through AI agents
  • Calling hospital rooms, healthcare facilities, or emergency service lines
  • Using deceptive scripts to mislead recipients
  • Any call violating applicable federal or state law

Record Keeping Requirements

  • Consent Records: Retain for a minimum of 5 years: date and method of consent, specific phone number, language used in consent form, and identity of the person who provided consent.
  • DNC Records: Date request received, phone number, method of receipt, date added to internal DNC list.
  • Campaign Records: Campaign name, dates of calling, number of calls made, DNC scrubbing confirmation, calling window configurations, and any complaints received.

Healthcare and Financial Services

  • Healthcare: If you use i3Simple to make calls involving patient health information (PHI), you must execute a Business Associate Agreement with i3Simple before use. Contact legal@i3simple.com to request one.
  • Financial Services: The Fair Debt Collection Practices Act (FDCPA) imposes additional restrictions on debt collection calls. Compliance is your responsibility.
  • Insurance: State insurance regulators may impose additional requirements on automated calls related to insurance sales or service.

Platform Enforcement

i3Simple reserves the right to monitor platform usage for potential TCPA violations (unusual call volumes, high rejection rates, complaint patterns, off-hours calling) and may immediately suspend accounts determined to be in violation. In the event of a TCPA complaint or investigation, we may be required to provide call records and account information to regulators or law enforcement.

To report potential violations: legal@i3simple.com

Legal Resources

We strongly encourage all users conducting outbound calling campaigns to consult with qualified legal counsel and review:

  • The FTC’s Telemarketing Sales Rule at ftc.gov
  • The FCC’s TCPA resources at fcc.gov
  • The National Do Not Call Registry at donotcall.gov
  • Your state attorney general’s office for state-specific telemarketing laws

Contact

i3Simple Legal and Compliance • 4010 Dupont Circle, Louisville, Kentucky, 40207
Email: legal@i3simple.com
Support: support@i3simple.com