TCPA & Telecommunications Consent Guide

Last Updated: March 2026

1. What is TCPA & Why It Matters

The U.S. Telephone Consumer Protection Act (TCPA) and FCC rules strictly regulate automated communications. This includes automated SMS text messages (like our Auto-SMS Follow-up feature) and any form of automated outbound calling. You must have valid consent before sending automated marketing messages.

2. Auto-SMS Follow-Ups: Informational vs. Marketing

VuraOS allows you to automatically send a WhatsApp or SMS draft to callers who interact with your AI. Under TCPA, the nature of your message matters:

• Informational Messages: A simple text saying "Sorry we missed your call, our team is reviewing your request and will call you back" is generally considered informational/transactional and relies on the implied consent of them calling you first.
• Marketing Messages: If you use the Auto-SMS template to send promotional links, discounts, or marketing material, you must have prior express written consent.
• Opt-Out: It is highly recommended to include an opt-out instruction (e.g., "Reply STOP to unsubscribe") in your communications.

3. A2P 10DLC Registration (USA SMS Compliance)

If you operate in the US, US telecom carriers (via our underlying provider Twilio) require all Application-to-Person (A2P) SMS traffic to be registered under the 10DLC (10-Digit Long Code) framework. You must ensure your business is properly registered to avoid heavy message filtering, blocking, or carrier penalties.

4. Germany & EU Requirements (UWG + GDPR + TKG)

• Call Recording: You must inform callers if their voice is being recorded or transcribed by the AI (e.g., via a greeting: "This call is recorded for quality purposes").
• SMS Consent: Marketing SMS require prior explicit double opt-in consent.
• AI Identification: The AI must be clearly identified as a digital assistant.

5. AI Voice Disclosure (Mandatory in Most Jurisdictions)

Regardless of whether the call is inbound or outbound, if an AI is handling the conversation, it should disclose its nature to avoid deception. We recommend configuring your AI Brain with a greeting such as:

“Hi, this is the AI assistant for [Your Company Name]. How can I help you today?”

6. Prohibited Practices (SHAFT)

You may not use VuraOS telephony or SMS features for:

• SHAFT Content: Sex, Hate speech, Alcohol, Firearms, or Tobacco. Carriers will permanently block your number.
• Cold calling or automated marketing SMS without documented prior consent.
• Calling numbers on the DNC (Do Not Call) Registry or Robinsonliste.
• Phishing, fraud, or deceptive data collection.

7. Your Indemnification Obligation

By using the AI Receptionist and Auto-SMS features, you agree to fully indemnify and hold VuraOS harmless from any claims, carrier fines, lawsuits, or account suspensions resulting from your communication practices.

Full details: AI Compliance & Acceptable Use Policy • Terms of Service • Legal Notice