In today’s digital age, college and university admissions leaders have unprecedented access to communication tools that make it easier than ever to connect with prospective students. From phone calls and texts to emails and social media outreach, the methods for reaching potential students are virtually limitless. However, with these opportunities come serious legal responsibilities—specifically in the realm of the Telephone Consumer Protection Act (TCPA) and related Do Not Call (DNC) regulations.
In the competitive world of higher education, admissions teams connect with countless prospective students in an effort to find the right students for their schools’ programs. But, when it comes to phone and text outreach, it is vital to understand the consequences of non-compliance with TCPA laws and the need to secure express consent before contacting leads. In this blog, we will explore why express consent is critical for compliance with both national and state-level regulations, and how obtaining it correctly ultimately protects your institution, your team, and your prospective students.
Understanding TCPA and DNC Regulations
The TCPA was enacted in 1991 to curb unsolicited telemarketing calls, faxes, and text messages. At its core, the TCPA requires businesses to obtain express written consent from individuals before making any telemarketing calls or sending texts to their phones, especially if using automated dialing systems. The goal is to protect consumer privacy and limit the number of unsolicited communications.
The Federal Communications Commission (FCC) enforces TCPA regulations and the Federal Trade Commission (FTC) manages the National Do Not Call Registry. This is often confusing for businesses to know which rules apply and what regulatory body oversees reinforcement in different scenarios. What is most important for schools to know is that there are consumer protections at both the national and state-levels designed to help consumers opt-out of unwanted telemarketing activities. Therefore, the best way for your institution to protect itself from violations of the regulations is to make sure you are obtaining prior consent from your prospective students before contacting them.
The Risk of Non-Compliance
Failing to comply with TCPA and DNC regulations can result in severe penalties. Institutions that violate these rules can face steep fines per call or message violation. Multiply this by the number of calls made or texts sent, and the financial risk becomes staggering. In addition, non-compliance can result in lawsuits, reputational damage, and loss of trust from prospective students and their families.
For example, if an Admission representative at your institution reaches out to a prospective student who is on the DNC registry without first obtaining express consent and without a qualified exclusion, that individual has the legal right to file a complaint against your school. The last thing any educational institution needs is to be embroiled in legal disputes that not only drain resources but also damage their reputation as a trusted institution of higher learning.
What is Express Consent?
Express consent is the gold standard for TCPA compliance, particularly for calls and texts made using automated systems. This means that the individual has explicitly agreed to be contacted by your institution for sales or marketing purposes. Express consent must be clear, unambiguous, and preferably documented in writing.
There are several ways higher education sales teams can obtain express consent:
- Web Forms: When prospective students fill out inquiry forms on your website or on your landing pages, ensure there is a clear statement that allows them to give express consent to be contacted via phone or text.
- Email Opt-Ins: Similar to web forms, email communications should include an option for recipients to provide express consent for future outreach through different communication channels, like phone or sms.
- Text Message Opt-Ins: If you’re using SMS as part of your outreach strategy, ensure that individuals have opted in to receive these messages. Text message marketing without consent is one of the most common violations.
- Call Recordings: If express consent is given over the phone, ensure that the conversation is recorded and that you clearly state what the individual is consenting to (e.g., future calls or texts from your institution).
State-Level DNC Regulations: The Next Frontier of Compliance
In addition to federal regulations, several states have their own DNC rules that impose even stricter guidelines on telemarketing practices. Some states may require institutions to register as telemarketers, maintain internal DNC lists, or adhere to specific calling hours. It’s important for sales leaders to familiarize themselves with the specific regulations in each state they operate, as non-compliance at the state level can result in penalties on top of federal fines.
By securing express consent, your institution is in a far better position to navigate both national and state-level DNC regulations with confidence.
The Benefits of Prioritizing Compliance
While the primary goal of adhering to TCPA and DNC regulations is to avoid legal penalties, there are additional benefits to securing express consent for outreach. First, it demonstrates respect for the privacy of your prospective students, which can enhance your institution’s reputation as being student-centered and trustworthy. Second, contacting individuals who have willingly provided consent increases the likelihood of positive engagement, as they have already expressed interest in your institution. In short, express consent not only protects your institution but also improves the quality of your outreach efforts.
What Can You Do To Ensure Compliance
For college and university Admissions leaders, TCPA and DNC compliance should be top of mind in any outreach strategy. Securing express consent isn’t just a legal formality—it’s a best practice that protects your institution from risk, enhances trust, and improves the effectiveness of your Admissions efforts. There are things you can do now to ensure compliance:
- Audit your digital inquiry forms on your website and landing pages to ensure your consent language is compliant for both calls and texts
- Develop processes to obtain consent from other lead sources such as live chat, referrals, career fairs, etc.
- Establish a script and process for confirming prior consent verbally, where permissible, for inquiries that originate from inbound calls
- Ensure your CRM technology tracks TCPA consent in real time and reacts to opt-outs, do not call requests, STOP texts, etc.
- Hire a trusted advisor. There are many excellent companies that can provide tools and guidance to help ensure your policies and practices are compliant. Companies with DNC and TCPA compliance: DNC.com and DNC Solutions.
The information provided is not legal advice and institutions should consult legal experts for specific counsel.
