TCPA Compliance Guide for Staffing Agencies

The Telephone Consumer Protection Act (TCPA) regulates how businesses can communicate via phone and SMS. For staffing agencies using automated messaging, understanding these rules is essential to avoid costly lawsuits.

What is TCPA?

The TCPA, enacted in 1991, restricts telemarketing calls and the use of automated telephone equipment. Violations can result in penalties of $500 to $1,500 per unsolicited message—costs that add up fast when you're messaging hundreds of workers.

Key Requirements for Staffing Agencies

1. Get Express Written Consent

Before sending any automated texts or calls, you must obtain express written consent from each worker. This consent must clearly state that they agree to receive automated messages, describe the types of messages they'll receive, and can be revoked at any time.

2. Honor Opt-Out Requests Immediately

When someone texts "STOP" or asks to be removed from your list, you must honor that request immediately. Best practice is to confirm the opt-out with a final message: "You've been unsubscribed and will no longer receive messages from StaffUP."

3. Maintain Accurate Records

Keep detailed records of when and how each person consented to receive messages. This documentation is your defense if a complaint is ever filed. Include timestamps, the exact consent language they agreed to, and their contact information.

4. Include Required Disclosures

Your messages should identify who is sending them. Include your company name and provide a way for recipients to opt out. For example: "StaffUP: Shift available tomorrow 8am-4pm at Downtown Clinic. Reply YES to accept, STOP to opt out."

Common Mistakes to Avoid

• Assuming verbal consent is sufficient (it's not for automated messages)
• Continuing to message after an opt-out request
• Using pre-checked consent boxes on forms
• Failing to document when consent was obtained
• Sending messages outside reasonable hours