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What is the TCPA?
The Telephone Consumer Protection Act (TCPA) is a US federal law enacted in 1991 and enforced by the FCC. It protects US consumers from unwanted telemarketing calls, texts, and faxes.
🇿🇦 SA → SA Agents: TCPA does not apply to calls between South African parties. However, understanding TCPA is valuable best practice and 1SM requires all agents to complete this training. Your binding legal obligations under POPIA are covered in Module 7.
1991
Year TCPA was enacted (USA)
$500
Minimum fine per US violation
$1,500
Fine per wilful US violation
FCC
US federal enforcement body
Why TCPA Applies to You — Wherever You Are
🇿🇦 → 🇺🇸 SA Agents calling USA: Even though you are based in South Africa, US federal law (TCPA) governs every call you make to a US number. Your physical location creates no exemption. Non-compliance exposes 1Short Marketing — and you personally — to US litigation.
🇺🇸 US-based agents: TCPA applies to every outbound call you make to US consumers. Both federal law and your state's additional rules govern your activity.
What TCPA Covers
- 1Outbound calls to US cell phones using an Automatic Telephone Dialling System (ATDS)
- 2Pre-recorded or artificial voice messages left on any US number
- 3SMS / text messages to US mobile numbers
- 4Unsolicited fax advertisements to US numbers
- 5Calls to US residential landlines using pre-recorded messages
South Africa context: South Africa's POPIA governs data and consent for SA consumers — but it does not protect US consumers. When calling US numbers, TCPA is the applicable law. Always apply TCPA standards — they are stricter than SA law in this context.
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Consent Rules
Before making any call or text to a US consumer, you must have the correct type of consent on file. There are two levels of TCPA consent.
🇿🇦 SA → SA Agents: TCPA consent rules apply to US calls only. For SA-to-SA calling, POPIA consent rules apply — covered in Module 7. Read this module for context, then see Module 7 for your binding obligations.
Express Written Consent — Highest Standard
Required for: Telemarketing calls using an autodialler, pre-recorded marketing messages, and marketing SMS/texts to US numbers.
The consumer must have signed or digitally agreed to receive calls/texts from 1Short Marketing specifically.
The consumer must have signed or digitally agreed to receive calls/texts from 1Short Marketing specifically.
Express Consent — Standard
Required for: Non-marketing calls or texts to a US mobile number (e.g., appointment reminders). The consumer must have voluntarily provided their number knowing they may receive calls.
What Invalidates Consent
- ✗Purchased or rented US contact lists where no direct consent was given to 1SM
- ✗Lead cards more than 90 days old without re-verification
- ✗Consent obtained via deceptive practices or unclear language
- ✗Numbers found online, on business cards, or social media
Cross-border note: A US consumer consenting to marketing via a South African entity must still consent specifically to calls from 1Short Marketing. Consent given to another campaign or company does not transfer.
⚠ Never assume consent. If consent is not documented and verifiable in the CRM, treat the contact as unconsented. When in doubt — do not call.
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Do Not Call (DNC) Registry
The US National Do Not Call Registry is maintained by the FTC. US consumers who register their numbers must never receive telemarketing calls without specific written permission.
🇿🇦 SA → SA Agents: The US DNC Registry does not apply to SA-to-SA calls. South Africa has its own opt-out mechanisms under POPIA — covered in Module 7. Review this module for best practice awareness.
The Three DNC Lists We Maintain
- 1National DNC Registry (USA) — Scrubbed every 31 days from donotcall.gov
- 2Company Internal DNC — 1SM's own list for all regions. Updated same-day when any consumer requests removal
- 3State DNC Lists (USA) — Some US states have stricter registries (Indiana, Texas, Wyoming)
When a Consumer Says "Stop Calling" or "Remove Me"
Act immediately — this applies in ALL regions.
1. Acknowledge the request politely.
2. Log the number in the Internal DNC list before ending your shift.
3. Do not call again — not even to "confirm" removal.
4. US legal deadline is 30 days, but 1SM policy is same-day for all regions.
1. Acknowledge the request politely.
2. Log the number in the Internal DNC list before ending your shift.
3. Do not call again — not even to "confirm" removal.
4. US legal deadline is 30 days, but 1SM policy is same-day for all regions.
🇿🇦 SA Agent Scenario
A US prospect says "I told someone in South Africa to stop calling me!" — Check the Internal DNC list immediately. If the number wasn't scrubbed, escalate to your team lead. Do not continue the call.
🇿🇦 SA → SA Scenario
A South African consumer says "Please remove me from your list." Under POPIA, you must honour this immediately. Log them on the Internal DNC list before your shift ends. Do not call again. See Module 7 for POPIA opt-out obligations in full.
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Calling Hours & Time Zone Rules
🇿🇦 SA → SA Agents: For SA-to-SA calls, SA calling hours apply — not TCPA. See Module 7 for SA-specific hours. This module covers US time zone rules for your reference.
TCPA restricts calling hours based on the US consumer's local time — not the agent's time zone.
Federal TCPA Rule: Calls to US numbers may only be placed between 8:00 AM and 9:00 PM in the recipient's local time zone. Always convert — never guess.
US Time Zone Reference
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SAST → US (SA Agents)
SAST 3:00 PMET 9:00 AM ✓
SAST 3:00 PMCT 8:00 AM ✓
SAST 3:00 PMMT 7:00 AM ✗
SAST 3:00 PMPT 6:00 AM ✗
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SAST Safe Windows
Eastern (ET)3PM–4AM SAST
Central (CT)4PM–5AM SAST
Mountain (MT)5PM–6AM SAST
Pacific (PT)6PM–7AM SAST
🇿🇦 Note: SAST is UTC+2 year-round (no daylight saving in SA). The US observes daylight saving — ET/CT/MT/PT shift 1 hour in Spring and Fall. Verify the current US offset before each campaign.
🇺🇸 US agents: Check the consumer's state before calling numbers in a different time zone. Mountain and Pacific callers may receive calls too early if you dial at your local morning time from the East Coast.
State-Specific Restrictions (USA)
Florida — 8AM–8PM
New York — No Sunday calls
Indiana — Extra DNC rules
Always apply the stricter of state or federal law
If time zone is unknown: Use the area code to determine the US state and time zone via the CRM lookup tool. Never guess — an incorrect assumption is still a TCPA violation.
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Penalties & Escalation Protocol
TCPA penalties apply to every call made to a US consumer, regardless of where the agent is physically located.
🇿🇦 SA → SA Agents: TCPA fines do not apply to SA-to-SA calls. However, POPIA violations carry their own significant penalties (up to R10 million or 10 years imprisonment). See Module 7.
$500
Per unintentional US TCPA violation
$1,500
Per knowing/wilful US violation
No cap
Class actions — millions per campaign
Real consequence: A company was fined over $225 million after millions of non-compliant calls. Offshore agents were named in the suit — being in South Africa offered no protection.
Common TCPA Violations
- !Calling DNC-listed US numbers without express written consent
- !Texting US cell phones without prior written consent
- !Calling outside permitted hours in the consumer's time zone
- !Failing to honour a stop-calling request (1SM policy: same-day, all regions)
- !Using spoofed or blocked caller IDs
- !Using autodialler technology on unconsented US cell numbers
Escalation Protocol — All Regions
STOP → CHECK → ESCALATE
1. Stop the call or pause before dialling
2. Check the CRM for consent documentation and DNC status
3. Escalate to your team lead if status is unclear
It is always better to miss one call than to create a violation.
1. Stop the call or pause before dialling
2. Check the CRM for consent documentation and DNC status
3. Escalate to your team lead if status is unclear
It is always better to miss one call than to create a violation.
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Knowledge Check
🇿🇦 SA → SA Agents: This quiz covers TCPA (US law) which forms part of your required training. Complete it, then proceed to Module 7 for your POPIA quiz and certificate.
Answer all 6 questions. You need 5 out of 6 to pass and receive your certificate.
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Congratulations!
0/6TCPA SCORE
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South African Law — POPIA & Calling Rules
This module is required for SA → SA agents only. It covers the South African laws that govern calls made to South African consumers by 1Short Marketing agents based in South Africa.
The Protection of Personal Information Act (POPIA)
POPIA (Act 4 of 2013, fully in force from 1 July 2021) is South Africa's primary data protection and consent law, enforced by the Information Regulator. It governs how personal information — including phone numbers — may be collected, processed, and used to contact SA consumers.
Key POPIA Principles for Callers
- 1Lawfulness — You must have a lawful basis to process and use a consumer's phone number (consent, contract, or legitimate interest)
- 2Purpose Limitation — Numbers collected for one purpose cannot be used for a different purpose without new consent
- 3Consent — For direct marketing calls to SA consumers, voluntary, specific, informed, and unambiguous consent is required
- 4Right to Object — Any SA consumer may object to direct marketing at any time. You must stop immediately and remove them from all lists
- 5Data Minimisation — Only collect and use the information necessary for the call purpose
POPIA vs TCPA — Key Difference: TCPA requires express written consent for autodialler and pre-recorded calls. POPIA requires consent for all direct marketing communications to SA consumers unless a prior relationship exists. When in doubt, always get consent first.
The Electronic Communications and Transactions Act (ECT Act)
The ECT Act prohibits sending unsolicited commercial communications (including SMS and WhatsApp messages) to SA consumers without prior consent. SA consumers must be given a clear opt-out option in every commercial message.
Opt-out requirement: Every direct marketing SMS or call to an SA consumer must include a way to opt out (e.g., "Reply STOP to unsubscribe"). Once opted out, do not contact again for marketing purposes.
SA Calling Hours
1SM Policy for SA → SA Calls: Calls to South African consumers must be made between 8:00 AM and 7:00 PM SAST, Monday to Friday. No calls on Sundays or South African public holidays. Saturday calls are permitted 9:00 AM – 1:00 PM SAST only.
Mon–Fri: 8AM–7PM SAST
Saturday: 9AM–1PM SAST
Sundays: No calls
Public Holidays: No calls
South African DNC — Consumer Opt-Out Obligations
When a South African consumer says "remove me" or "stop calling":
1. Acknowledge immediately and apologise for the inconvenience.
2. Log the number on the Internal DNC list before your shift ends.
3. Under POPIA, you must suppress this contact for all future marketing — not just this campaign.
4. Do not call back to "confirm" the removal.
1. Acknowledge immediately and apologise for the inconvenience.
2. Log the number on the Internal DNC list before your shift ends.
3. Under POPIA, you must suppress this contact for all future marketing — not just this campaign.
4. Do not call back to "confirm" the removal.
🇿🇦 SA Scenario — POPIA Complaint
An SA consumer says: "I never gave you permission to call me and I want you to delete my number." This is a formal POPIA objection and erasure request. Do not argue or continue the call. Acknowledge, log on Internal DNC, and escalate to your team lead immediately. The Information Regulator can impose fines up to R10 million for non-compliance.
POPIA Penalties
R10M
Maximum fine for POPIA violations
10 yrs
Maximum imprisonment for serious breaches
IR
Enforced by the Information Regulator SA
Bottom line for SA → SA agents: Treat every South African consumer's data and contact preferences with the same respect you would want for yourself. Get consent before calling, honour opt-outs immediately, call only during permitted hours, and always use the Internal DNC list. When in doubt, escalate.
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SA Law Knowledge Check
3 quick questions on POPIA and SA calling rules. You need all 3 to pass.
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SA Law Certified!
0/3POPIA SCORE