> For the complete documentation index, see [llms.txt](https://docs.moderncollections.io/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://docs.moderncollections.io/compliance-for-integrators/tcpa-for-integrators.md).

# TCPA for integrators

> **Not legal advice.** Get your own counsel.

## What TCPA is

The Telephone Consumer Protection Act (47 U.S.C. § 227). Federal law restricting:

* Auto-dialed calls / texts
* Prerecorded message calls
* Calls to wireless numbers without prior express consent
* Calls outside permitted hours
* Calls to numbers on the National Do Not Call Registry

Statutory damages: $500-$1,500 per violation. Class actions can be ruinous.

## Does TCPA apply to B2B?

**Largely yes** — TCPA applies to *calls*, not just consumer debts. The key distinction is about the *technology* (auto-dialer, prerecorded message) more than the debt type. Business phone numbers receive less protection than personal cellphones, but the line is fuzzy:

* A business cellphone is still a cellphone. TCPA can apply.
* Small-business owner's personal mobile that they use for business: probably TCPA-protected.
* Main office number on a landline: less protected, but state versions of TCPA (Florida's mini-TCPA) often still cover it.

**Our voice agent is NOT a "prerecorded message"** for TCPA purposes — it's a live conversational AI. But this distinction has not been fully tested in court. We hold a defensive interpretation.

## What we do on our side

* Honor time-zone-adjusted quiet hours computed from `debtor.state` + ZIP / area-code lookup.
* Don't auto-dial in the technical/legal sense. Calls are individually initiated based on a fresh `can_call=True` compliance decision (decisions expire after 24 hours by default).
* Stop on cease requests immediately — the voice agent fires `capture_cease` on any of its configured hard-stop phrases, and the placement's safety flags propagate to subsequent compliance evaluations.
* Cap call frequency per state rules. The frequency cap that ships today is California's: 7 calls per 7 days. Other states fall back to the federal default.
* Track call attempts, recording-consent prompt version, and AI-disclosure events on every `CallRecord` for audit.

## What integrators need to do

### Phone number accuracy

* Provide `debtor.primary_phone` in E.164 format.
* Don't provide phone numbers you don't have authorization to share.
* Flag personal cellphones explicitly when you know.

### Consent

* If your contract with the debtor includes a phone-contact consent clause, that helps but doesn't fully insulate.
* Consent to MARKETING calls does NOT translate to consent for COLLECTIONS calls. They're different.
* TCPA consent must be in writing in most contexts.

### Cease requests

* A debtor's stated request to stop calling — whether to us or to YOU — must be honored promptly. Funnel to us within 24 hours.

### Texts

* Our platform does **not** send text messages today — debtor outreach is voice and email only (SMS is a reserved future channel, not implemented).
* Your side should not send collections texts on placements we're working unless coordinated.

## Common pitfalls

| Pitfall                                                                                   | Risk                                                 |
| ----------------------------------------------------------------------------------------- | ---------------------------------------------------- |
| Sharing phone numbers obtained from a marketing-list partner                              | No consent for collections use                       |
| Texting a debtor outside permitted hours from your side while we're working the placement | Compounding the violation                            |
| Calling a phone number that's been requested ceased                                       | $500-$1,500 per call, multiply by class size         |
| Using a "robocaller" overlay on your phone system to follow up                            | Even if we're not robocallers, YOUR overlay might be |

## State variations — mini-TCPA matrix

The platform's state-rules matrix flags mini-TCPA states, which fire a dedicated compliance gate. Per the matrix today:

| State | Variation                                                                                                                                                                             |
| ----- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |
| FL    | Florida Telephone Solicitation Act (FTSA). Mini-TCPA gate applies.                                                                                                                    |
| OK    | Oklahoma mini-TCPA. Mini-TCPA gate applies.                                                                                                                                           |
| TX    | Texas SB 140. Mini-TCPA gate applies; AI disclosure required within 30 seconds.                                                                                                       |
| CA    | Two-party recording consent, AI disclosure required within 10 seconds (AB 2905), 7-calls-per-7-days frequency cap (SB 1286 / Rosenthal — though AB 1521 carves out B2B trade credit). |
| CO    | Colorado AI Act flagged, but a federal court stay (April 2026) has paused enforcement; the engine monitors rather than blocks.                                                        |

The mini-TCPA list is intentionally narrow today (FL, OK, TX). New states are added by updating the versioned state-rules matrix.

## See also

* [FDCPA for integrators](/compliance-for-integrators/fdcpa-for-integrators.md)
* [Recording consent](/compliance-for-integrators/recording-consent.md)


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