A TCPA compliance audit organizes evidence about consent, calls, texts and opt-out handling for a target or portfolio company. Meo Advisors reviews public wording, then requests authorized records to assess how the workflow operates. Findings and open questions go into a prioritized register. Not legal advice; legal questions go to counsel.
In short
- Review consent wording, follow-up practices, opt-out handling and the evidence behind each.
- Public forms show the wording; internal consent records and suppression logs need authorized access.
- Not legal advice. Legal questions go to counsel, including conclusions about violations.
What is a TCPA violation?
A TCPA violation is conduct that breaches an applicable calling or texting restriction, such as contacting someone without the consent required for that communication. Whether a particular contact violates the law depends on its purpose, technology, recipient and any applicable exemption; counsel makes that determination.
A TCPA audit is a scoped review of calling, texting and consent evidence that records supported findings and the questions counsel needs to resolve.
The compliance due diligence hub places consent alongside accessibility and privacy. Meo records the public wording and requests the records needed to trace it into follow-up activity.
What are 5 major types of TCPA violations?
Useful review categories are missing required consent, disregarded opt-outs, do-not-call failures, calling-time issues and missing required disclosures. These are audit prompts, not a legal finding that a target has committed a violation.
| Review category | Evidence to examine | Access boundary |
|---|---|---|
| Required consent | Form wording and the consent record for the contact | Public wording; records need access |
| Opt-out handling | Request, suppression action and subsequent contact history | Authorized internal review |
| Do-not-call controls | Suppression policies and matching records | Authorized internal review |
| Calling times | Contact timestamps and the recipient’s local time | Authorized internal review |
| Required disclosures | Scripts, message content and opt-out instructions | Agreed mystery shop or authorized records |
Counsel should map the FCC calling and texting restrictions to the target’s activity and exemptions. Public form text alone cannot establish what consent was captured or how it was used.
Who must comply with TCPA?
TCPA obligations can apply to callers, text senders and businesses on whose behalf communications are made. The relevant restrictions depend on the communication, recipient and technology, including artificial or prerecorded voice use. Counsel should confirm which rules and exemptions apply to the target and its vendors.
Scope the review across the company and the vendors that collect leads or make contact on its behalf. A vendor assurance is a record to examine alongside consent evidence and contact history.
What are the penalties for TCPA violations?
TCPA exposure can include civil claims for damages and orders stopping prohibited communications. The available remedies depend on the claim and facts; counsel should assess the applicable provisions, potential exposure and response. An audit should preserve evidence rather than turn an unverified contact count into a liability estimate.
The TCPA statutory remedies describe private claims and state enforcement. Legal reference, not legal advice. Send legal questions and any potential violation to counsel with the relevant records.
Do AI-voice calls need consent?
The FCC treats AI-generated voices as artificial or prerecorded voices under TCPA restrictions. Prior express consent is generally required for covered calls unless an emergency purpose or exemption applies; telemarketing can require written consent. Counsel should review the proposed use, audience and evidence before a campaign runs.
Document the technology, scripts, consent language and responsible vendor. A human-sounding voice does not remove the need to check the applicable consent requirements.
How does the audit trace consent through follow-up?
The review follows the customer path from public form wording to response and follow-up, then requests the internal evidence needed to check consent and suppression. Mystery shops use an agreed scope; internal logs require authorized access.
| Step | What we test | TCPA check |
|---|---|---|
| 1. Find | The right number in listings, ads and AI answers | |
| 2. Inquire | Forms, numbers and chat | |
| 3. Connect | Answer and routing, including after hours | |
| 4. Respond | First-reply speed | TCPA check |
| 5. Follow up | Cadence, consent and opt-outs | TCPA check |
| 6. Book | Confirmed booking or sale |
Mystery shops use real or simulated customers, agreed with the sponsor and run within the deal’s NDA.
The cited opt-out period is an outer limit for covered requests, not a recommended delay. Counsel should check the applicable rule and any stricter requirement.
Use the TCPA compliance checklist for evidence requests. The speed-to-lead audit examines response performance alongside the consent boundary.
What does the TCPA audit deliver?
The audit delivers supported observations, unresolved evidence requests and a prioritized register with owners and counsel flags. It distinguishes the wording visible on a public page from the internal records needed to evaluate a contact or suppression failure.
| Risk | Rule | Likelihood | Impact | Counsel |
|---|---|---|---|---|
| Lead-form consent wording | TCPA | High | High | Counsel flag |
| Low-contrast text, unlabeled fields | ADA | High | Medium | Counsel flag |
| AI-voice calls without consent | TCPA | Medium | High | Counsel flag |
| Tracking tags on sensitive pages | GDPR, CCPA | Medium | Medium | Counsel flag |
| Review incentives tied to sentiment | FTC rule | Low | High | Counsel flag |
| Unanswered public reviews | Reputation | Medium | Low |
- Agree the channels, vendors and customer journeys in scope.
- Record public consent wording and agreed mystery-shop observations with their dates.
- Request authorized access to consent, contact and opt-out records.
- Send legal questions to counsel, then assign agreed fixes and verification steps.
See the sample diligence deliverables for the readout and register format. Illustrative risks above are not findings about a target.
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