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Understanding TCPA Regulatory Updates and Their Impact on Your Business

Introduction to the TCPA Regulatory Updates

This guide is for informational purposes only and does not constitute legal advice. Please consult with a qualified attorney to ensure your business complies with TCPA regulations

Table of Contents

  1. How This Affects Sierra Interactive Clients

    1. One-to-One Consent

    2. Proof of Express Consent

    3. Opt-Out Automations

    4. Partner Solutions

    5. Additional Tools & Features

    6. Utilizing Sierra Dialer and Email Integration

  2. Learning Opportunities

  3. FAQs

  4. Key Takeaways

Introduction to the TCPA Regulatory Updates

The Telephone Consumer Protection Act (TCPA), enacted in 1991, regulates telemarketing communications and requires businesses to obtain express consent before contacting consumers via phone or text.

Effective January 27, 2025:

  • The one-to-one consent rule goes into effect, mandating express consent for each individual seller and closing the “lead generator loophole.”

  • TCPA is U.S.-based legislation and does not apply to Canadian clients.

TCPA is U.S.-based legislation and does not apply to clients based in Canada.

How This Affects Sierra Interactive Clients

One-to-One Consent

Sierra ensures compliance by obtaining consent specific to your business when consumers register on your website. Consent must be active, explicit, and recorded for each individual seller, protecting your business in case of audits or disputes.

Proof of Express Consent

Sierra’s lead capture processes create detailed registration records documenting when and how consent was obtained. This includes:

  • Capturing consent during website registration

  • Maintaining historical records of opt-in status

  • Supporting compliance with both TCPA and carrier requirements

To view and manage communication consent details visit How to Access Comms Consent for New and Existing Leads

Reconfirming Opt-In:

  • Use Action Plans to include a first scheduled message confirming contact info and consent.

  • Use Contact Templates if Action Plans aren’t configured.

  • Use Auto-Responders for leads from Contact Forms.

Example Message:

“Thank you, {Lead_Name}, for visiting my site. I want to confirm that {Lead_Email_Address} and {Lead_Phone_Number} are correct ways to send you listing alerts, market updates, and other real estate info.”

This keeps consent current, supports audits, and improves deliverability.

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Opt-Out Automations

Sierra automatically appends opt-out instructions to text messages and ensures requests (e.g., “STOP” or “CANCEL”) are honored. These automations help:

  • Keep your messaging compliant

  • Protect your number reputation

  • Reduce the risk of carrier blocking

Partner Solutions

Sierra integrates with  Verify by CallAction to help clients:

  • Scrub phone numbers against the DNC registry

  • Identify deactivated or reassigned numbers

  • Verify email addresses for deliverability

To get started with Verify by CallAction, visit Enhance Your Contact Accuracy with Verify by CallAction

Additional Tools and Features from Sierra include:

  • Optional voicemail drop capability, which can be enabled or disabled per account

  • Email verification via NeverBounce, ensuring valid emails at registration

  • Guidance on using third-party services like SendGrid based on your lead engagement strategy

Utilizing Sierra Dialer and Email Integration

  • Sync your email account and connect Sierra Dialer for seamless opt-in/out tracking.

  • Automation ensures compliance while improving lead engagement.

  • Voicemail drop remains optional and can be safely used with compliant leads.

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Learning Opportunities

FAQs

  • Will this setup essentially eliminate the need for SendGrid?
    There are several reasons to consider using a third-party email service for monitoring and enhanced delivery. Whether these services are necessary or cost-effective depends on your lead engagement strategies and the type of leads you are nurturing. SendGrid and Verify by CallAction offer overlapping feature sets, so we recommend evaluating each based on your specific needs and associated costs.

  • Does Sierra check emails using NeverBounce?
    Yes, we use an email verification service during lead registration, which provides some assurance that the email account is valid at the time of registration. However, we strongly recommend actively managing your email database through reengagement strategies and promptly honoring unsubscribe requests to maintain database quality.

  • How long has Sierra’s website consent language been compliant?
    Sierra made a significant update to consent language approximately 2.5 years ago. Since then, the language has been periodically refined to ensure ongoing compliance with regulatory changes.

  • Is Sierra removing the 'voicemail drop' feature?
    The voicemail drop feature remains available as an optional tool in your lead strategy. Its use is entirely optional and can be disabled at the account level if not needed.

  • Does this apply to Canada?
    No. TCPA regulations are U.S.-specific. Canadian clients are subject to CASL.

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Key Takeaways

  • Always obtain one-to-one express consent for each seller.

  • Maintain detailed consent records through Sierra’s lead capture processes.

  • Use opt-out automations to protect your number reputation.

  • Reconfirm consent with new and existing leads using Action Plans, Contact Templates, or Auto-Responders.

  • Obtain explicit consent for partner communications.

  • Use Sierra Dialer and email integration to manage opt-ins and opt-outs efficiently.

  • Partner solutions like Verify by CallAction help protect number and email deliverability.