TCPA Compliance

Overview

VoiceRef is committed to full compliance with the Telephone Consumer Protection Act (TCPA) and all applicable federal, state, and local telecommunications regulations. Our platform is designed from the ground up with TCPA-aware workflows to ensure that every reference is contacted lawfully and respectfully.

This page explains how VoiceRef collects consent, manages communications, and protects the rights of all parties involved in the reference checking process.

1. Prior Express Consent

VoiceRef never places a call without prior express consent from the reference. Our consent workflow operates as follows:

1.1 SMS Consent Flow

1. A hiring manager or recruiter adds a reference to the VoiceRef platform, providing the reference's name, phone number, and relationship to the candidate.
2. VoiceRef sends a single SMS message to the reference explaining the purpose of the call and requesting consent.
3. The reference must reply YES (or Y) to provide explicit consent before any call is initiated.
4. If the reference replies NO (or N), the request is recorded as declined and no call is placed.
5. If no response is received, the system may send up to 2 reminder messages (maximum 3 total contacts), spaced at least 4 hours apart.
6. If consent is not received after all attempts, the reference check is marked as "consent timeout" and no call is placed.

1.2 Web-Based Consent

For references in regions where SMS reply may not be available (e.g., international numbers), VoiceRef provides a web-based consent page accessible via a unique, secure link included in the SMS message. References can provide or deny consent through this web interface.

1.3 Consent Records

All consent interactions are logged with timestamps, including:

• Date and time the consent request was sent
• Method of consent (SMS reply or web form)
• Date and time consent was given or denied
• The exact response provided by the reference

Consent records are retained for a minimum of 5 years for compliance documentation.

2. Call Recording Disclosure

All AI-conducted reference calls include the following safeguards:

• At the beginning of every call, the AI agent clearly identifies itself and the purpose of the call
• The reference is informed that the call is being recorded
• The reference is given the opportunity to end the call at any time
• The reference is informed of the estimated call duration

VoiceRef complies with all-party consent requirements for call recording. In states that require all-party consent (such as California, Florida, and others), the reference's continued participation in the call after disclosure constitutes consent to recording.

3. Opt-Out Mechanisms

References can opt out of communications at any time through multiple channels:

When a phone number opts out, it is added to our internal do-not-contact list. This number will not receive any future SMS messages or calls from VoiceRef, regardless of which user submits it.

4. Do-Not-Call Compliance

VoiceRef maintains an internal do-not-call (DNC) list that is checked before every SMS or call is initiated. Numbers are added to this list when:

• A reference replies STOP or UNSUBSCRIBE via SMS
• A reference declines consent via the web consent page
• A reference requests removal via email
• A number is identified as invalid or disconnected

Numbers on the DNC list are permanently blocked from receiving communications. Removal from the DNC list requires explicit written request from the phone number owner.

5. Calling Practices

5.1 Business Hours

VoiceRef only places calls during reasonable business hours based on the reference's local time zone:

• Calls are placed between 9:00 AM and 8:00 PM in the reference's local time zone
• No calls are placed on federal holidays
• References may schedule calls for a specific time through the web consent page

5.2 Call Frequency

• Each reference receives a maximum of 1 phone call per reference check request
• If a call fails due to technical issues, one automatic retry may be attempted
• No more than 3 total SMS messages are sent per reference check request (initial + up to 2 reminders)
• Reminder messages are spaced at least 4 hours apart

5.3 Call Duration

• Target call duration: 3-5 minutes
• Maximum call duration: 8 minutes (hard limit)
• References are informed of the estimated duration at the start of the call

6. SMS Compliance

All SMS messages sent by VoiceRef comply with the following standards:

• Clear identification of the sender (VoiceRef)
• Clear explanation of the purpose of the message
• Opt-out instructions included in every message ("Reply STOP to opt out")
• Message and data rates disclosure ("Msg&Data rates may apply")
• Message frequency disclosure
• All messages are sent via A2P 10DLC registered channels

7. Caller Identification

All outbound calls and SMS messages from VoiceRef originate from a registered US phone number. The AI agent identifies itself at the beginning of every call with:

• The name of the service (VoiceRef)
• The purpose of the call (reference check for a named candidate)
• That the call is conducted by an AI assistant
• That the call is being recorded

8. Prohibited Questions

To comply with employment law and anti-discrimination regulations, the VoiceRef AI agent is programmed to never ask questions about:

• Age, date of birth, or generation
• Race, ethnicity, or national origin
• Religion or religious practices
• Gender, sexual orientation, or gender identity
• Disability or medical conditions
• Pregnancy or family status
• Salary history or compensation details
• Political affiliations
• Genetic information

If a reference voluntarily provides information about protected characteristics, our AI analysis is designed to exclude this information from the evaluation report.

9. Data Protection

All data collected during the consent and calling process is protected in accordance with our Privacy Policy. Key protections include:

• All data encrypted in transit and at rest
• Consent records retained for 5 years for compliance documentation
• Call recordings retained only for the duration of the customer's subscription plus 90 days
• References may request deletion of their data at any time

10. User Responsibilities

Users of the VoiceRef platform (hiring managers and recruiters) are responsible for:

• Ensuring they have proper authorization from the candidate to contact the listed references
• Providing accurate reference contact information
• Not attempting to circumvent consent requirements
• Complying with their own organization's policies regarding reference checks
• Using reference check reports in compliance with applicable employment laws

11. Complaints and Inquiries

If you have any concerns about our calling or messaging practices, or if you believe you received a communication from VoiceRef in error, please contact us immediately:

We take all complaints seriously and will investigate and respond within 5 business days.