Navigating FCC and TCPA Rules with the Drips Rules Engine

Staying compliant with regulations like the Telephone Consumer Protection Act (“TCPA”) is a top priority for organizations as they reach out to their audience. And it should be a priority. After all, non-compliance can risk lawsuits, poor deliverability, and loss of customer trust. Plus, new rules and clarifications are released constantly, like the recent changes and codifications to the TCPA in the FCC’s February 2024 Report and Order.

TCPA Compliance Challenges

When it comes to phone and SMS outreach, the Telephone Consumer Protection Act (TCPA) and related state-level laws make up big pieces of the puzzle. Broadly speaking, the federal TCPA and state-level so-called “mini-TCPAs” are designed to prevent consumers from receiving texts and calls they did not consent to.

Simple, in theory. The reality is that tracking and adapting to state and federal rules is tough. It requires robust processes, updated technology, and tons of resources to track and react to state and federal rule changes.

Case in point: With the recent and upcoming changes to TCPA consent rules, businesses must adapt quickly to stay compliant. Enterprises need to engage their audiences and drive growth amidst this uncertainty. So, any advantage they can gain for efficiently managing compliance could be hugely valuable.

The Drips Rules Engine Keeps It Easy

Drips created the Drips Rules Engine (DRE) to address this need for streamlined compliance management. With DRE, Drips can deliver effective and compliant campaign scripting for our clients. DRE rules are constantly updated, empowering enterprises to quickly adapt to new rules like the TCPA changes.

DRE is a sophisticated compliance tool that organizes and cross-references rules, regulations, best practices, and other directives from multiple sources to create a comprehensive matrix for executing conversational outreach at scale. These rules are divided into four types: cadence, channel, content, and knowledge.

The key value of DRE is that it gathers many layers of regulation in one tool to assess which rules must be applied for each situation. By applying this technological solution to compliance for calling and texting outreach, it becomes faster and more reliable to deliver outreach that follows the latest rules.

Let’s look at specific examples showing how DRE supports FCC compliance.

Cadence Rules

Cadence rules in DRE determine when and how often businesses can contact consumers. For the TCPA, a DRE rule will limit outreach for most campaigns to certain hours. This is because the TCPA doesn’t allow communication to residential landlines before 8 a.m. or after 9 p.m. in the recipient’s local time.

That may seem like an easy rule to follow, even without technology like DRE. But let’s see how complex things can get.

• Is the recipient in New Jersey, Florida, Maryland, Oklahoma, Connecticut, or Washington? State laws have different time windows you’ll need to obey.
• Is your campaign related to collections? Even if it’s within waking hours, you may be limited to how many texts per week you can send in certain states.
• Is your campaign healthcare-related and non-promotional? You may have more freedom to contact when it comes to consent status. However, as of 2023, the FCC changed the rules to limit the “HIPAA exemption” to one call per day to a residential line and a maximum of three calls per seven-day period.

This is just the tip of the iceberg. In a recent healthcare campaign we launched, DRE was managing 720 unique cadence rules for the client! If you don’t want to take on the costs and risks of managing these overlapping rules on your own, a tool like the Drips Rules Engine can give you a valuable advantage.

Channel Rules

DRE’s channel rules specify where and to whom businesses can communicate. Under TCPA regulations, prior express written consent is required for certain types of communication, such as prerecorded calls or automated text messages.

However, the level of consent required for these channels and automations depends on the campaign content. There are human sending solutions like Initiate by Drips to reach consumers who may not have given the level of consent necessary for automated texting. DRE helps to quickly and reliably navigate these possibilities to deliver a script that is tailored to your needs.

Content Rules

Did you know that in some states if you are sending a billing reminder, and that bill is past due, the state regulations could consider that an attempt to collect a debt? That can trigger state-by-state collection laws. In many states, that means that you can’t mention the bill, the fact that it’s overdue, or anything that could disclose that money is owed (third-party disclosure). But in other states, you can freely mention all of those things.

Sound confusing? This is where DRE content rules come in.

Content rules define the essential verbiage and conversational logic that make your Drips campaign safe and effective. In essence, they define what you should and should not say in your calls or texts.

Of course, understanding outbound content and what you can and can’t say is only half the battle. It’s equally important to understand what consumers are saying back. The FCC recently emphasized the importance of allowing consent revocation in “any reasonable manner.” DRE helps the Drips team build out the logic that can smoothly handle opt-out requests to support compliance with this TCPA rule.

Knowledge Rules

Many rules and best practices are automatically baked and built into all Drips outreach. Others depend on input from clients about their needs and preferences. Many others live outside of the Drips ecosystem altogether but are important to be aware of.

Our knowledge section of DRE rules enables our team to deliver the highest level of outreach across the many, many combinations of industries and use cases that we serve.

Keeping Up with Regulatory Changes

One of the standout features of DRE is its dynamic nature. The Drips legal teams continuously monitor updates and changes to regulations, including TCPA rules. We stay informed by multiple outside counsels with various domain expertise (TCPA, healthcare, regulatory, state law, AI rulemaking, etc.).

When bills are proposed, we ensure our roadmap stays flexible to adapt if necessary. When regulations shift, we update the Drips Rules Engine accordingly. This empowers our clients to keep up with the latest regulatory frameworks while using fewer resources than a DIY approach, which often requires entire departments to manage. Drips helps lift the burden of tracking these changes so that our clients can focus on their core marketing and CX objectives.

Customizing Compliance with DRE

Following applicable laws like the TCPA is non-negotiable. However, DRE offers flexibility for clients to suggest modifications, industry standards, or other best practices for their campaigns. For example, some enterprises may wish to go far above and beyond what’s required by law with a more conservative approach to FCC and other rules. Those additional precautions could be implemented alongside the hundreds of other DRE rules.

And it’s not just laws, regulations, standards, or best practices. Clients also bring to the table rules and guidelines to help keep messaging strictly in line with brand voice.

Enhancing Consumer Trust

Compliance with TCPA consent rules is not only a legal requirement but also a critical factor in building consumer trust. By using DRE to help streamline compliance, businesses demonstrate their commitment to respecting consumer preferences. This commitment to Keeping It Safe can enhance brand reputation and foster long-term relationships with customers.

Make TCPA Compliance Easy with the Drips Rules Engine

We know that organizations are still adapting to the recent and upcoming changes to TCPA rules. Drips sets itself apart with proprietary compliance technology like the Drips Rules Engine. Plus, our managed service approach means that your team will never be alone when it comes to managing outreach compliance considerations.

If you’re ready to hear how Drips can help your organization deliver engaging and compliant outreach, request a meeting today.