TCPA Compliance

Last Updated: April 8, 2026

FinanceFollowup is committed to full compliance with the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and all applicable federal and state regulations governing electronic communications. This page outlines our policies and your responsibilities as a user of our platform.

1. What is the TCPA?

The Telephone Consumer Protection Act (TCPA), enacted in 1991 and updated through various FCC rulings, regulates telemarketing calls, auto-dialed calls, pre-recorded messages, text messages, and unsolicited faxes. The law was designed to protect consumers from unwanted communications and applies to any business that contacts consumers by phone or text.

Violations of the TCPA can result in significant penalties, ranging from $500 to $1,500 per unauthorized message or call. These penalties apply to each individual violation, meaning a single campaign sent to non-consenting recipients can result in substantial liability.

2. Consent Requirements

2.1 Express Written Consent (Required for Marketing)

Before sending any marketing or promotional SMS, MMS, or automated calls to a consumer, you must obtain their express written consent. This consent must meet the following criteria:

• The consent must be clearly and conspicuously disclosed. The consumer must understand they are agreeing to receive automated marketing communications.
• The consent must be documented. You must be able to produce a record of when and how consent was obtained.
• The consent must be voluntary. It cannot be a condition of purchasing a product or service.
• The consent must specify the type of messages the consumer will receive and the approximate frequency.
• The consent must identify the business that will be sending the messages.

2.2 Express Consent (Required for Non-Marketing)

For informational or transactional messages (appointment reminders, account updates, service notifications), express consent is required but does not need to be in writing. Verbal consent or implied consent through an existing business relationship may be sufficient, depending on the nature of the communication.

2.3 Prior Express Consent under the FCC's 2025 Rules

The FCC has continued to strengthen consent requirements. Under current rules, consent must be given to one specific seller at a time. Consumers cannot be asked to consent to receive messages from multiple businesses through a single opt-in. Each business must obtain its own independent consent.

3. How FinanceFollowup Helps You Stay Compliant

Our platform includes built-in tools and features designed to support TCPA compliance:

• Consent tracking: Every form and landing page built within FinanceFollowup captures and logs consent with timestamps, IP addresses, and the specific language the contact agreed to.
• Opt-out management: Every SMS and email sent through our platform includes a clear opt-out mechanism. Opt-out requests are processed immediately and automatically.
• Suppression lists: Contacts who opt out are automatically added to suppression lists to prevent further communication.
• Quiet hours enforcement: Our system respects the TCPA requirement that marketing calls and texts not be sent before 8:00 AM or after 9:00 PM in the recipient's local time zone.
• DNC list integration: Our platform supports integration with the National Do Not Call Registry to help you screen contacts before reaching out.
• Audit trails: Full records of all communications, including timestamps, content, and consent status, are maintained for compliance documentation.

4. Your Responsibilities as a Subscriber

While FinanceFollowup provides compliance tools, you are ultimately responsible for:

• Obtaining proper consent before sending any communications through the platform.
• Including accurate sender identification in all messages.
• Honoring all opt-out requests promptly (within 10 business days for email, immediately for SMS).
• Maintaining accurate records of consent for all contacts in your database.
• Not purchasing or using contact lists from third parties without verifying that proper consent has been obtained for the type of communications you intend to send.
• Ensuring all marketing content is truthful, not misleading, and complies with FTC guidelines.
• Consulting with your own legal counsel to ensure your specific use of the platform complies with applicable laws.

5. CAN-SPAM Act Compliance

In addition to the TCPA, all commercial emails sent through FinanceFollowup must comply with the CAN-SPAM Act. This requires:

• Accurate header information. The "From," "To," and "Reply-To" fields must identify the person or business who initiated the message.
• Non-deceptive subject lines. Subject lines must accurately reflect the content of the email.
• Identification as an advertisement. If the email is an advertisement, it must be clearly identified as such.
• A valid physical address. Every commercial email must include the sender's valid physical mailing address.
• A clear opt-out mechanism. Recipients must be able to unsubscribe easily, and opt-out requests must be honored within 10 business days.

6. SMS-Specific Requirements

When using FinanceFollowup to send SMS or MMS messages, the following additional requirements apply:

• Every initial message to a new contact must include your business name and a clear opt-out instruction (for example, "Reply STOP to unsubscribe").
• Message frequency must match what the consumer consented to. If they agreed to receive up to 4 messages per month, do not exceed that frequency.
• Standard messaging rates may apply to recipients. Your opt-in language should include a disclaimer such as "Msg & data rates may apply."
• You must provide a way for consumers to get help, such as "Reply HELP for assistance."

7. Penalties for Non-Compliance

Violations of the TCPA and related regulations can result in severe consequences:

• $500 per violation for negligent violations.
• Up to $1,500 per violation for willful or knowing violations.
• Class action lawsuits, which can aggregate damages across all affected recipients.
• FCC enforcement actions and fines.
• State attorney general enforcement under state-level consumer protection laws.

FinanceFollowup reserves the right to suspend or terminate accounts that repeatedly violate compliance requirements or that generate a pattern of consumer complaints.

8. Recommended Opt-In Language

Below is an example of compliant opt-in language you can use on your forms and landing pages. You should customize this to reflect your specific business and messaging practices:

9. Reporting Concerns

If you believe you have received an unauthorized communication from a FinanceFollowup subscriber, or if you have questions about our compliance practices, please contact us:

FinanceFollowup
Email: compliance@financefollowup.com
Website: financefollowup.com