π Compliance Guide Contents
- 1. Compliance Overview
- 2. TCPA Requirements
- 3. Consent Management
- 4. Opt-Out Procedures
- 5. Time Restrictions
- 6. Do Not Call Lists
- 7. SMS Compliance
- 8. International Laws
- 9. AI-Specific Rules
- 10. Record Keeping
- 11. Penalties & Enforcement
- 12. Best Practices
- 13. Compliance Checklist
- 14. Monitoring & Auditing
- 15. Violation Response
- 16. Resources & Support
1. Compliance Overview
This policy outlines the mandatory compliance requirements for all users of the Vocelio.ai platform, operated by Orionex Trading LLC (βVocelio.ai,β βCompany,β βwe,β or βusβ). Compliance with telecommunications and messaging laws is not optional β it is a legal requirement that protects both your business and the consumers you contact. .
π¨ YOUR RESPONSIBILITY
YOU are responsible for ensuring all your communications comply with applicable laws. Vocelio.ai provides tools and guidance, but ultimate compliance responsibility rests with you as the account holder and message sender.
1.1 Key Regulatory Frameworks
Regulates calls and texts to mobile phones, landlines, and fax machines. Requires explicit consent for marketing communications.
Sets rules for commercial email and messaging, including identification and opt-out requirements.
European privacy law requiring explicit consent for processing personal data, including phone numbers and contact information.
Requires express consent for commercial electronic messages and provides strict penalties for violations.
1.2 Compliance Principles
- Consent First: Always obtain proper consent before making contact
- Transparency: Clearly identify yourself and your purpose
- Respect Preferences: Honor opt-out requests immediately
- Time Awareness: Follow time restrictions for calling
- Documentation: Maintain detailed records of consent and communications
1.3 Vocelio.ai's Role
Vocelio.ai provides:
- Compliance Tools: Built-in features to help maintain compliance
- Documentation: Guidance and best practices
- Monitoring: Platform-level compliance checking
- Support: Assistance with compliance questions
β οΈ Important Disclaimer
This policy provides guidance but is not legal advice. Consult with qualified legal counsel for specific compliance questions related to your business and use cases.
2. TCPA Requirements
The Telephone Consumer Protection Act (TCPA) is the primary law governing automated calls and texts in the United States. Non-compliance can result in fines of $500-$1,500 per violation.
2.1 TCPA Coverage
TCPA applies to:
- Mobile Phones: All calls and texts to cell phones
- Residential Landlines: Calls using artificial or prerecorded voice
- Business Landlines: Certain marketing calls
- Fax Machines: Unsolicited fax advertisements
2.2 Consent Requirements
π Required Consent Types
TCPA requires different levels of consent based on call type:
- Express Written Consent: Marketing/advertising calls to mobile phones
- Express Consent: Informational calls (appointments, confirmations)
- Prior Express Consent: Calls to existing customers
Express Written Consent Requirements
For marketing calls to mobile phones, you must obtain consent that:
- Is in Writing: Physical or electronic signature
- Clearly Authorizes: Specifically permits automated calls/texts
- Identifies the Seller: Names the business making calls
- Includes Phone Number: Lists the number to be called
- Has Clear Terms: Explains what consumer is agreeing to
2.3 Exemptions and Safe Harbors
Existing Business Relationship (EBR)
You may call existing customers without express written consent if:
- Purchase/Transaction: Customer made a purchase within 18 months
- Inquiry: Customer inquired about products/services within 3 months
- Related Products: Calls are about same type of goods/services
- No Opt-Out: Customer hasn't requested to stop receiving calls
Emergency and Non-Commercial Calls
TCPA doesn't apply to:
- Emergency Calls: Health, safety, or emergency notifications
- Non-Commercial: Political calls, surveys, debt collection
- Healthcare: HIPAA-covered healthcare communications
- Financial: Account notifications from financial institutions
2.4 Autodialer Definition
π€ AI Calls & Autodialers
Vocelio.ai's AI calling system may be considered an "autodialer" under TCPA. This means:
- Consent Required: You need proper consent for marketing calls
- Strict Compliance: Must follow all TCPA requirements
- Documentation: Maintain proof of consent
- Opt-Out Compliance: Honor requests to stop calling
2.5 TCPA Compliance Best Practices
- Double Opt-In: Confirm consent with follow-up verification
- Clear Language: Use plain English in consent forms
- Separate Consent: Don't bundle with other agreements
- Regular Audits: Review consent records regularly
- Training: Educate your team on TCPA requirements
3. Consent Management
Proper consent management is the foundation of compliant calling. This section outlines how to obtain, document, and manage consent effectively.
3.1 Types of Consent
Format: Written signature (electronic or physical)
Specificity: Must specifically authorize automated calls
Format: Verbal agreement
Documentation: Must record and maintain proof
Time Limits: 18 months for purchases, 3 months for inquiries
Restrictions: Related products/services only
Mobile Apps: In-app consent mechanisms
SMS Opt-In: Text-to-join campaigns
3.2 Consent Form Requirements
β Compliant Consent Form Elements
Every consent form must include:
- Clear Authorization: "I agree to receive automated calls and texts"
- Business Identification: Company name and contact information
- Phone Number Field: Customer provides number to be called
- Signature/Opt-In: Clear action indicating consent
- Opt-Out Instructions: How to revoke consent
- No Purchase Required: Consent not condition of purchase
Sample Consent Language
π Example Consent Text
"By providing your phone number and clicking 'I Agree', you expressly consent to receive automated calls and text messages from [Company Name] at the number provided. Consent is not required to make a purchase. Message and data rates may apply. You can opt out at any time by texting STOP or calling [opt-out number]."
3.3 Consent Documentation
You must maintain records of:
- Consent Forms: Original forms with signatures/opt-ins
- Timestamps: Date and time consent was obtained
- IP Addresses: For online forms, capture IP addresses
- Source Information: How and where consent was obtained
- Scope of Consent: What the customer agreed to receive
3.4 Consent Verification
π Verification Best Practices
- Double Opt-In: Send confirmation message to verify number
- Record Keeping: Maintain detailed consent logs
- Regular Audits: Periodically verify consent validity
- Source Tracking: Know where each consent came from
3.5 Consent Revocation
Customers can revoke consent at any time:
- Any Method: Verbal, written, or electronic request
- Immediate Effect: Must honor revocation within 30 days
- Any Representative: Request to any company representative
- Reasonable Interpretation: Accept any clear indication to stop
3.6 Consent Management in Vocelio.ai
Our platform provides:
- Consent Tracking: Built-in consent status for each contact
- Automatic Suppression: Prevents calls to non-consented numbers
- Audit Trails: Complete history of consent changes
- Integration APIs: Connect with your consent management systems
4. Opt-Out Procedures
Providing clear, easy opt-out mechanisms is required by law and builds customer trust. This section covers how to implement compliant opt-out procedures.
4.1 Opt-Out Requirements
π¨ Critical Opt-Out Rules
- Always Available: Provide opt-out in every communication
- Easy and Free: Simple, no-cost method to opt out
- Immediate Honor: Process requests within 30 days (24 hours for texts)
- No Fees: Cannot charge for opt-out requests
- Any Method: Accept verbal, written, or electronic requests
4.2 Opt-Out Methods
Voice Calls
- Verbal Requests: "Please remove me from your list"
- Interactive Options: "Press 1 to be removed"
- Transfer to Agent: "Speak to representative to opt out"
- Callback Number: Provide number to call for removal
Text Messages
- STOP Keyword: Reply "STOP" to any message
- Alternative Keywords: UNSUBSCRIBE, QUIT, CANCEL, END
- Help Information: Reply "HELP" for assistance
- Confirmation Message: Send confirmation of opt-out
4.3 Opt-Out Processing
β Required Processing Steps
- Immediate Recognition: System recognizes opt-out request
- Suppression List: Add number to do-not-call list
- Confirmation: Send confirmation of opt-out (if requested)
- Share Lists: Update all relevant calling systems
- Record Keeping: Document opt-out date and method
4.4 Suppression List Management
Maintain comprehensive suppression lists:
- Internal Lists: Customers who opted out of your communications
- Company-Wide: Share opt-outs across all campaigns
- Permanent Storage: Keep opt-out records indefinitely
- Regular Updates: Update lists before each campaign
- Third-Party Integration: Import external suppression lists
4.5 Partial Opt-Outs
Customers may opt out of specific types of communications:
- Marketing Only: Stop promotional calls but allow service calls
- Channel Specific: No texts but calls are okay
- Time-Based: No calls during certain hours
- Frequency Limits: Reduce but don't eliminate communications
β οΈ Opt-Out Exceptions
Even after opt-out, you may still contact customers for:
- Transactional Messages: Order confirmations, shipping updates
- Account Security: Fraud alerts, security notifications
- Legal Requirements: Regulatory notifications
- Emergency Communications: Safety and health alerts
4.6 Vocelio.ai Opt-Out Features
Our platform automatically:
- Keyword Detection: Recognizes STOP and other opt-out keywords
- Instant Suppression: Immediately adds numbers to suppression list
- Cross-Campaign Protection: Applies opt-outs to all campaigns
- Audit Logging: Records all opt-out activities
- API Integration: Syncs with your CRM opt-out lists
5. Time Restrictions
Federal and state laws restrict when you can make calls and send texts. Violating time restrictions is one of the most common compliance failures.
5.1 Federal Time Restrictions
π TCPA Time Rules
Permitted Calling Hours:
- Start Time: 8:00 AM local time (recipient's time zone)
- End Time: 9:00 PM local time (recipient's time zone)
- Time Zone: Always use recipient's local time
- Every Day: Applies to all days including weekends
5.2 State-Specific Restrictions
Many states have stricter rules than federal law:
State | Calling Hours | Special Restrictions |
---|---|---|
California | 8 AM - 9 PM | Sunday restrictions in some areas |
Florida | 8 AM - 8 PM | Earlier end time |
Texas | 9 AM - 9 PM | Later start time |
New York | 8 AM - 9 PM | Enhanced penalties |
Illinois | 8 AM - 9 PM | Sunday restrictions |
5.3 Time Zone Management
π Time Zone Compliance
Critical time zone considerations:
- Recipient's Time Zone: Always use the called party's local time
- Area Code Mapping: Don't rely solely on area codes
- Mobile Numbers: May not match current location
- Database Updates: Keep time zone data current
- Daylight Saving: Account for DST changes
5.4 Holiday and Weekend Restrictions
Consider additional restrictions for:
- Federal Holidays: Some industries avoid holiday calling
- Religious Observances: Respect major religious holidays
- Local Customs: Regional preferences and traditions
- Business vs Consumer: Different expectations for B2B vs B2C
5.5 Emergency Exceptions
Time restrictions may not apply to:
- Health Emergencies: Medical alerts and urgent health information
- Safety Notifications: Security alerts and safety warnings
- Service Disruptions: Utility outages and service interruptions
- Account Security: Fraud alerts and security breaches
5.6 Best Practices for Time Management
- Conservative Approach: Use the most restrictive applicable time rules
- Regular Updates: Keep time zone and regulatory databases current
- Customer Preferences: Allow customers to set preferred contact times
- Buffer Times: Stop calling 15 minutes before restrictions
- Documentation: Log the time zone used for each call
5.7 Vocelio.ai Time Management
Our platform automatically:
- Time Zone Detection: Identifies recipient time zones
- Automatic Scheduling: Only calls during permitted hours
- State Law Compliance: Applies most restrictive applicable rules
- Holiday Calendars: Optionally avoids holiday calling
- Custom Schedules: Allows customer-specific time preferences
6. Do Not Call List Compliance
Do Not Call (DNC) registries allow consumers to limit unwanted telemarketing calls. Compliance with DNC lists is mandatory and heavily enforced.
6.1 National Do Not Call Registry
π National DNC Registry Facts
- Managed By: Federal Trade Commission (FTC)
- Coverage: All 50 states, territories, and Washington DC
- Registration: Free for consumers at donotcall.gov
- Permanence: Numbers remain on list indefinitely
- Updates: Updated monthly with new registrations
6.2 State Do Not Call Lists
Many states maintain their own DNC registries with additional restrictions:
- Broader Coverage: May include business numbers
- Stricter Rules: More restrictive than federal requirements
- Higher Penalties: State-specific fines and enforcement
- Additional Requirements: Special registration or bonding
6.3 DNC Exemptions
The following are generally exempt from DNC restrictions:
Existing Business Relationships
- Recent Customers: Purchased within 18 months
- Recent Inquiries: Inquired within 3 months
- Related Products: Same type of goods/services
- No Opt-Out: Customer hasn't requested to stop calls
Non-Commercial Calls
- Political Campaigns: Candidate and issue advocacy
- Charities: Non-profit fundraising calls
- Surveys: Research and polling calls
- Religious Organizations: Faith-based outreach
Informational Calls
- Account Information: Billing and service updates
- Appointment Reminders: Healthcare and service appointments
- Delivery Notifications: Package and service delivery
- Emergency Alerts: Safety and security notifications
6.4 DNC Scrubbing Requirements
π§Ή Mandatory Scrubbing Process
Before any marketing campaign, you must:
- Download Current Lists: Get latest DNC registry data
- Scrub All Numbers: Remove DNC numbers from call lists
- Use Latest Data: Registry data must be less than 31 days old
- Include State Lists: Check applicable state registries
- Document Process: Maintain records of scrubbing activities
6.5 Safe Harbor Provisions
To qualify for safe harbor protection:
- Written Procedures: Documented DNC compliance procedures
- Employee Training: Staff trained on DNC requirements
- Regular Scrubbing: Monthly updates of calling lists
- Record Keeping: Maintain detailed compliance records
- Prompt Response: Quickly investigate and resolve complaints
6.6 Industry-Specific DNC Lists
Some industries maintain specialized suppression lists:
- Healthcare: HIPAA-related suppression lists
- Financial Services: Credit and loan suppression lists
- Insurance: Industry-specific do-not-call lists
- Real Estate: Property-related suppression lists
6.7 Vocelio.ai DNC Integration
Our platform provides:
- Automatic Scrubbing: Real-time DNC list checking
- Multiple Sources: Federal and state DNC list integration
- Regular Updates: Automatic list updates and synchronization
- Audit Trails: Complete records of scrubbing activities
- Custom Suppression: Upload your own suppression lists
β Pre-Campaign Compliance Checklist
7. SMS Compliance
Text message compliance involves multiple regulations and carrier requirements. SMS violations can result in immediate number blocking and significant penalties.
7.1 SMS Regulatory Framework
Penalties: $500-$1,500 per violation
Autodialer Rules: Apply to automated texting
Message Filtering: Carriers block suspicious content
Throughput Limits: Rate limiting based on registration
Consent Requirements: Clear opt-in procedures
Content Standards: Prohibited content types
Automatic Blocking: Carriers filter SHAFT content
Account Suspension: Risk of service termination
7.2 SMS Consent Requirements
π SMS Consent Standards
For marketing SMS, you must obtain consent that includes:
- Clear Agreement: "I agree to receive text messages"
- Frequency Disclosure: How often you'll send messages
- Cost Warning: "Message and data rates may apply"
- Opt-Out Instructions: "Reply STOP to opt out"
- Help Information: "Reply HELP for help"
- Terms Reference: Link to full terms and conditions
7.3 Required SMS Keywords
STOP Keywords
Must respond to all variations:
- Primary: STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, QUIT
- Case Insensitive: Accept uppercase, lowercase, mixed case
- Immediate Processing: Stop messages within minutes
- Confirmation Required: Send confirmation of opt-out
HELP Keywords
Provide assistance information:
- Keywords: HELP, INFO, SUPPORT
- Response Content: Company name, contact info, opt-out instructions
- Character Limit: Keep under 160 characters
- Customer Service: Include phone number for support
7.4 SMS Content Guidelines
π« Prohibited SMS Content
Carriers will block messages containing:
- SHAFT Content: Sex, Hate, Alcohol, Firearms, Tobacco
- Phishing: Requests for personal/financial information
- Spam Indicators: Excessive caps, special characters
- Illegal Content: Drugs, gambling, fraud
- URL Shorteners: Suspicious link shortening services
7.5 10DLC Registration
Required for business SMS in the US:
- Brand Registration: Register your business with carriers
- Campaign Registration: Register each messaging campaign
- Use Case Classification: Specify message purpose and content
- Throughput Approval: Higher sending limits for registered brands
7.6 SMS Timing and Frequency
β° SMS Best Practices
- Reasonable Hours: 8 AM - 9 PM recipient time
- Frequency Limits: No more than 1-2 messages per day
- Relevant Content: Only send valuable, expected messages
- Clear Purpose: Each message should have clear value
7.7 International SMS Compliance
Different countries have varying SMS regulations:
- European Union: GDPR consent requirements
- Canada: CASL anti-spam legislation
- Australia: Spam Act compliance
- United Kingdom: PECR and ICO guidelines
8. International Compliance
When making international calls or contacting international prospects, you must comply with local telecommunications laws and regulations.
8.1 European Union (GDPR)
πͺπΊ GDPR Requirements for Calling
- Legal Basis: Must have valid legal basis for processing phone numbers
- Consent: Explicit consent required for marketing calls
- Data Minimization: Only collect necessary contact information
- Right to Erasure: Delete data upon request
- Data Protection Impact Assessment: Required for high-risk processing
8.2 Canada (CASL)
Canadian Anti-Spam Legislation requirements:
- Express Consent: Clear opt-in for commercial messages
- Identification: Sender must be clearly identified
- Unsubscribe: Easy opt-out mechanism required
- Penalties: Up to $10 million CAD for violations
8.3 Australia
Do Not Call Register and Spam Act compliance:
- DNC Register: Check Australian Do Not Call Register
- Consent Requirements: Express consent for marketing
- Time Restrictions: Weekdays 9 AM - 8 PM, Saturday 9 AM - 5 PM
- Sunday Prohibition: No marketing calls on Sundays
8.4 United Kingdom
PECR and ICO guidelines:
- TPS Registration: Check Telephone Preference Service
- Consent Rules: Clear consent for automated calls
- Caller ID: Must not withhold caller identification
- ICO Registration: Data controller registration required
8.5 Country-Specific Considerations
Business Hours: Limited calling hours
High Penalties: Significant fines for violations
B2B Restrictions: Limited business calling
CNIL Oversight: Data protection authority
Cultural Sensitivity: Respect for privacy
Business Practices: Formal communication style
Consumer Protection: Strong consumer rights
Local Registration: Business registration requirements
8.6 International Best Practices
π Global Compliance Strategy
- Local Legal Review: Consult local attorneys in target countries
- Conservative Approach: Apply strictest applicable rules
- Cultural Sensitivity: Respect local business customs
- Language Considerations: Provide opt-out in local language
- Time Zone Awareness: Respect local time restrictions
- Regular Updates: Monitor changes in international laws
9. AI-Specific Compliance Rules
AI-powered calling systems have unique compliance considerations beyond traditional telemarketing rules.
9.1 AI Disclosure Requirements
π€ AI Transparency Rules
Some jurisdictions require disclosure when AI is used:
- California SB-1001: Requires bots to identify themselves
- Proposed Federal Rules: FCC considering AI disclosure requirements
- Industry Best Practice: Many recommend voluntary disclosure
- Consumer Expectations: Growing expectation for AI transparency
9.2 Voice Synthesis Considerations
Human-like AI voices raise special concerns:
- Deception Prevention: Avoid intentionally deceiving consumers
- Clear Communication: Ensure AI can communicate clearly
- Context Awareness: AI should understand conversation context
- Appropriate Responses: Handle unexpected situations properly
9.3 Automated Decision Making
GDPR and other laws regulate automated decisions:
- Right to Human Review: Option to request human intervention
- Decision Transparency: Explain automated decision logic
- Bias Prevention: Ensure fair and non-discriminatory outcomes
- Data Quality: Use accurate, up-to-date information
9.4 AI Training and Data Use
π Training Data Compliance
When using conversation data to improve AI:
- Consent for Training: Separate consent for AI improvement
- Data Anonymization: Remove personally identifiable information
- Opt-Out Options: Allow exclusion from training data
- Data Minimization: Use only necessary data for training
9.5 Human Oversight Requirements
Maintain appropriate human control:
- Transfer Capability: Easy transfer to human agents
- Monitoring Systems: Human oversight of AI conversations
- Intervention Triggers: Automated alerts for problematic calls
- Quality Assurance: Regular review of AI performance
9.6 Emerging AI Regulations
Stay aware of developing AI-specific laws:
- EU AI Act: Comprehensive AI regulation in Europe
- State Legislation: Various US states considering AI rules
- Industry Standards: Emerging AI ethics guidelines
- FCC Proceedings: US telecom regulator AI considerations
10. Penalties & Enforcement
Understanding potential penalties helps prioritize compliance efforts and demonstrates the serious consequences of violations.
10.1 TCPA Penalties
Violation Type | Penalty Range | Additional Notes |
---|---|---|
Standard TCPA Violation | $500 - $1,500 per call | Per call/text without consent |
Willful/Knowing Violation | Up to $1,500 per call | Treble damages possible |
Class Action Settlements | $1M - $100M+ | Can involve millions of calls |
Do Not Call Violations | Up to $43,792 per call | FTC enforcement action |
10.2 State-Level Penalties
States often impose additional penalties:
- California: Up to $2,500 per violation under state law
- Florida: $500 per violation plus injunctive relief
- Texas: Up to $25,000 per violation for businesses
- Illinois: $500-$1,500 per call plus attorney fees
10.3 International Penalties
π Global Enforcement Actions
- GDPR Fines: Up to 4% of global annual revenue or β¬20M
- Canada CASL: Up to $10M CAD for businesses
- Australia: Up to $2.2M AUD per violation
- UK ICO: Up to Β£17.5M or 4% of annual turnover
10.4 Enforcement Agencies
Federal Agencies
- FCC: TCPA enforcement and rulemaking
- FTC: Do Not Call Registry and consumer protection
- State AGs: State-level consumer protection enforcement
Private Enforcement
- Individual Lawsuits: Consumers can sue for damages
- Class Action Suits: Large-scale litigation
- Attorney Fees: Prevailing plaintiffs often recover legal costs
10.5 Non-Monetary Consequences
Compliance failures can result in:
- Injunctive Relief: Court orders to stop calling
- Carrier Blocking: Phone carriers blocking your numbers
- Reputation Damage: Negative publicity and brand harm
- Regulatory Scrutiny: Increased oversight and monitoring
- Business Impact: Loss of customers and revenue
10.6 Recent Enforcement Trends
- Increased Activity: More enforcement actions each year
- Higher Penalties: Larger settlements and judgments
- Technology Focus: Scrutiny of AI and automated systems
- Broad Liability: Liability for third-party violations
Compliance Questions?
Our compliance team is here to help you navigate complex regulations and maintain compliant operations.
π§ Compliance Team
compliance@vocelio.ai
Regulatory questions and guidance
π Support Hotline
+1-307-224-9663
Available 24/7 for urgent compliance issues
βοΈ Legal Department
legal@vocelio.ai
Legal compliance and risk management
π Training Resources
training@vocelio.ai
Compliance training and certification
Disclaimer: This policy provides guidance but is not legal advice. Consult qualified legal counsel for specific compliance questions.