Comply With the Telephone Consumer Protection Act

K-12 schools, colleges, and universities may be subject to the Telephone Consumer Protection Act (TCPA).   

Understand What the TCPA Covers 

The TCPA (47 U.S.C. § 227) restricts certain calls and texts using automatic telephone dialing systems and certain calls using artificial or prerecorded voices. The Federal Communications Commission (FCC) considers voices generated by artificial intelligence to be “artificial.”  

The statute also regulates certain telemarketing and telephone solicitation practices.   

The TCPA permits private lawsuits against covered entities that violate certain provisions of the law. Successful plaintiffs can receive penalties of up to $500 per violation (text or call), or $1,500 for each willful and knowing violation. Because TCPA coverage may differ for state and local governmental entities, public institutions should consult counsel about their status under the law.  

Begin by identifying the technologies your institution uses to make calls and send texts, including automatic telephone dialing systems and artificial or prerecorded voice technology.  

The TCPA defines an automatic telephone dialing system, or autodialer, as equipment with the capacity to store or produce phone numbers using a random or sequential number generator, as well as the capacity to dial such numbers.  

If your institution uses technology the TCPA covers, determine which consent and other requirements apply to those communications. Calls or texts sent without using an autodialer are not necessarily outside the TCPA’s scope; other provisions may apply depending on the technology used and the nature of the communication.  

Determine Which Communications Require Consent  

For tax-exempt nonprofits, including nonprofit educational institutions, the TCPA generally requires prior express consent for calls or texts to wireless numbers made using an automated telephone dialing system and for calls using an artificial or prerecorded voice, unless an exception applies.  

For-profit institutions must have prior express written consent for advertising or telemarketing calls or texts when the TCPA’s written consent requirement applies. However, different consent standards may apply to calls made by or on behalf of tax-exempt nonprofits.   

Although written consent may not be required for every communication by a nonprofit institution, document when and how consent was obtained and the types of communications the consent covers.  

• Messages related to your mission. For autodialer calls or texts that are school communications closely related to the educational mission, the FCC has held that parents and students generally give schools consent for these messages by providing their cell phone numbers as contact information. Examples include teacher conferences and general school activities. Nonprofit colleges and universities generally rely on this ruling.  
• Telemarketing messages. When communications include telemarketing, advertising, or events unrelated to the institution, institutions should determine what express consent is required before sending or marketing messages — especially to prospective students or non-students — using technology the TCPA covers.  
• Emergency notifications. Calls or messages made necessary by a situation affecting health and safety may qualify for the TCPA’s emergency-purpose exception. The FCC has identified school communications involving weather closures, fires, health risks, threats, and certain unexcused absences as examples that may fall within this exception.  

Take Steps to Promote TCPA Compliance  

Even if your institution does not use an autodialer, review its calling and texting practices to determine whether other TCPA requirements apply. If your institution uses technology covered by the TCPA, or sends covered communications, comply with the applicable TCPA requirements and consult counsel as appropriate.  

• Get voluntary, clear consent from contacts when required. Include a consent option on institutional paper or online forms, or offer a text message opt-in where appropriate. State plainly the types of texts and calls the person is consenting to receive.  
• Clearly identify your institution in text messaging programs. Explain how recipients can opt out. Also review applicable carrier and industry messaging requirements, which may impose additional disclosures or practices.  
• Permit recipients to revoke consent through any reasonable method that clearly communicates a desire to stop receiving covered calls or texts. Do not require recipients to use a single method of revocation. Honor revocation requests within a reasonable time, not to exceed 10 business days, and maintain records of opt-outs to help prevent future communications that exceed the scope of consent.
• Review third-party vendors. Identify vendors that make calls or send texts on your institution's behalf, address TCPA compliance in applicable contracts, and confirm how vendors obtain and record consent, process opt-outs, and communicate consent changes to your institution. 

Be aware that when wireless phone numbers are reassigned to a different user, continued calls or texts may create TCPA risk because prior consent generally does not transfer to the new subscriber.  

Regularly update contact lists and consider appropriate processes for identifying reassigned numbers. Work with legal counsel to ensure your institution’s telecommunications practices comply with the TCPA and other applicable federal and state laws.   

Additional Resources  

FCC Regulation: Targeting and Eliminating Unlawful Text Messages 

FCC: Stop Unwanted Robocalls and Texts  

FCC Declaratory Judgment: Blackboard/Edison  

This material is presented for general informational and risk management purposes only. It should not be considered legal, coverage, or other professional advice. Readers should consult their legal counsel, broker, or other appropriate adviser regarding their specific circumstances. 

Copyright in this material is owned by United Educators (UE), a Reciprocal Risk Retention Group, unless otherwise stated. Permission to post, reproduce, distribute, share, or use this material beyond its intended audience must be obtained from UE. All rights are reserved.