CuanticoCuantico
    Compliance

    TCPA Compliance

    How Cuantico Supports Your Compliance Program

    The Telephone Consumer Protection Act (TCPA) and related state laws govern how businesses can contact consumers by phone and text. Violations carry statutory damages of $500 to $1,500 per call or message, and class actions in this space are common and expensive.

    Cuantico takes this seriously. We build guardrails into our platform to help Clients operate safely, and we structure our engagements so that compliance responsibilities are clear from day one.

    How Responsibility Is Structured

    Cuantico is a technology provider. Our Clients are the businesses that originate outbound communications and hold the direct relationships with the consumers being contacted. Under our Master Services Agreement, the legal responsibility for TCPA compliance rests with the Client. This is both legally appropriate and operationally necessary — only the Client knows how its leads were generated, what consent was collected, and what representations were made to the consumer.

    Within that structure, Cuantico provides platform-level safeguards that make it easier for Clients to stay on the right side of the law, and we provide guidance, configuration support, and best-practice frameworks to help our Clients build compliant programs.

    Guardrails Built Into the Platform

    The following safeguards are available across Cuantico-deployed voice and messaging systems, subject to proper configuration:

    Federal Do Not Call (DNC) Scrubbing

    Contact lists are scrubbed against the National Do Not Call Registry before outbound calls are placed. Numbers appearing on the federal DNC list are not contacted through Cuantico-deployed outbound systems, unless a Client-documented exemption applies (for example, an established business relationship or express written consent on file).

    Calling Time Window Enforcement

    Cuantico-deployed outbound systems enforce calling time restrictions based on the local time zone associated with the contact's area code or Client-provided location data. By default, outbound calls are restricted to the hours of 8:00 AM to 9:00 PM local time, consistent with TCPA and state telemarketing requirements. Time windows can be further customized by Clients to reflect more conservative policies or state-specific requirements.

    Caller ID Integrity

    Cuantico-deployed systems transmit accurate caller ID information configured by the Client. We do not support caller ID spoofing or the masking of the originating business identity. Clients are responsible for ensuring that the caller ID presented accurately identifies them and complies with applicable law.

    Call Recording Infrastructure

    Cuantico provides call recording, secure storage, and searchable transcription across supported voice platforms. Recordings are encrypted in transit and at rest. Clients are responsible for ensuring that the recording of any given call complies with applicable federal and state law, including state two-party consent statutes where applicable.

    Opt-Out Handling

    SMS campaigns deployed through Cuantico honor standard opt-out keywords (STOP, UNSUBSCRIBE, QUIT, CANCEL, END). When a consumer opts out, the system suppresses further messaging to that number within the campaign. Voice opt-out handling is available where supported by the underlying voice platform.

    AI Agent Disclosure

    Where required by applicable law, Cuantico-deployed AI voice and chat agents can be configured to disclose to the consumer that they are interacting with an automated or AI-powered system. Clients are responsible for configuring these disclosures to meet the requirements of the jurisdictions in which they operate.

    What Clients Are Responsible For

    The following responsibilities sit with the Client, not with Cuantico. These are the responsibilities that matter most in TCPA litigation, and getting them right is central to running a compliant program:

    Obtaining and Documenting Consent

    Clients are responsible for obtaining prior express written consent (or other legally sufficient consent) from every individual their campaigns will contact, where consent is required. This includes designing the consent language on lead forms, ensuring the consent is clear and conspicuous, collecting it before any automated calls or texts are placed, and maintaining written records of when and how consent was obtained.

    Maintaining Consent Records

    Clients are responsible for keeping records that demonstrate, for each contact, that valid consent was obtained. In TCPA litigation, the defendant bears the burden of proving consent. Cuantico does not collect or maintain these records on behalf of Clients, and our platform logs are not a substitute for Client-side consent documentation.

    Ensuring Data Legality

    Clients are responsible for the accuracy, legality, and source of all contact data used with Cuantico's platform. This includes ensuring that telephone numbers, email addresses, and other contact information were lawfully obtained and are being used within the scope of the consent on which they rely.

    Managing Internal Do Not Call Lists

    While Cuantico scrubs against the federal DNC list, Clients are responsible for maintaining their own internal Do Not Call list (sometimes called a “company-specific DNC list”), honoring opt-out requests received through any channel, and ensuring that consumers who have revoked consent are not contacted again.

    State-Level Compliance

    TCPA is federal law, but many states impose additional restrictions through “mini-TCPA” statutes, including Florida, Oklahoma, Washington, and Maryland. Clients are responsible for understanding and complying with the state laws applicable to where their consumers reside, including any stricter consent standards, call time limits, registration requirements, and recording consent rules.

    Content and Representations

    Clients are responsible for the content of all communications sent through the Cuantico platform, including claims made in messages, disclosures required by industry-specific regulations (mortgage, insurance, financial services, healthcare, etc.), and any representations made by AI voice or chat agents.

    How We Support Our Clients

    While compliance ownership sits with the Client, Cuantico does not leave Clients to figure this out alone. We provide:

    • Best-practice consent language templates for Client lead forms
    • Configuration guidance for time windows, DNC scrubbing, and opt-out handling
    • Review of Client campaigns during onboarding for obvious compliance gaps
    • Platform logs and call records that Clients can use to support their own compliance audits
    • Ongoing guidance as regulations and enforcement priorities evolve

    For Clients in regulated industries (mortgage, insurance, healthcare, financial services), we strongly recommend retaining compliance counsel familiar with your specific industry and state footprint. Cuantico does not provide legal advice.

    Important Notice

    This page describes the platform capabilities Cuantico provides and the division of responsibility under our Master Services Agreement. It is not legal advice. The information on this page does not create any warranty, representation, or obligation beyond what is expressly stated in the Master Services Agreement between Cuantico and its Client.

    TCPA and state telemarketing laws change frequently. Clients should consult qualified counsel regarding their specific compliance obligations.

    Questions?

    If you are a Cuantico Client or prospective Client with questions about how our platform supports your compliance program, contact us at:

    Email: info@cuantico.us

    Phone: (855) 624-3824