TCPA Compliance
Last updated: June 1, 2025
Overview
This page describes how Chiar's platform is structured relative to the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and current FCC regulations. This is informational, not legal advice. Advertisers should consult qualified legal counsel regarding their own compliance obligations.
How Chiar Works
Chiar plays short pre-recorded audio messages to inbound callers on phone lines whose owners have affirmatively enrolled in the network. A lead is created only when a caller presses 1 — a voluntary, affirmative action. No outbound calls are made by Chiar to any consumer.
Why Chiar's Model Is Structured for TCPA Compliance
1. No outbound calls
Chiar does not initiate or place calls to any consumer. The TCPA's core restrictions apply to outbound calls made using an automatic telephone dialing system (ATDS) or prerecorded voice. Chiar makes no such calls.
2. Owner consent is explicit and documented
Each Owner affirmatively enrolls their number via a signed account agreement, authorizing Chiar to play messages on inbound calls. Consent is recorded and timestamped.
3. Caller opt-in is required for lead creation
A caller becomes a lead only by pressing 1. No lead is created and no caller data is transmitted to an Advertiser without this affirmative action.
4. No ATDS is used by Chiar
Chiar does not use an automatic telephone dialing system to contact any person. Messages play within existing inbound calls on enrolled lines.
FCC Consent Revocation Rule — Effective April 11, 2025
The FCC's updated consent revocation rules require that opt-out requests be honored within 10 business days by any reasonable means — oral, written, or electronic. Owners may remove their enrolled number from the dashboard at any time, immediately stopping message delivery. Advertisers who conduct follow-up outreach are independently responsible for honoring opt-out requests under this rule.
FCC One-to-One Consent Rule — Current Status
The FCC's 2023 one-to-one consent requirement was vacated by the Eleventh Circuit Court of Appeals on January 24, 2025 (Insurance Marketing Coalition Ltd. v. FCC) and formally repealed by the FCC in September 2025. The prior express written consent standard under 47 C.F.R. § 64.1200 applies. Chiar's press-1 opt-in mechanism is designed to constitute prior express consent directed to the specific Advertiser whose ad played.
Advertiser Responsibilities
Advertisers who follow up with leads via phone or text are solely and independently responsible for:
- TCPA compliance for all outbound calls and texts
- Maintaining and honoring their own Do Not Call list
- Checking the National DNC Registry before calling
- Honoring all revocation requests within 10 business days
- Compliance with applicable state telemarketing laws including California Business & Professions Code § 17500 et seq.
Chiar's delivery of a lead does not constitute TCPA consent for any outbound communication beyond the scope of the ad the caller responded to.
State Laws
California, Florida, Indiana, Texas, and other states impose telemarketing and consumer protection requirements beyond the TCPA. Advertisers are responsible for reviewing and complying with all applicable state laws in jurisdictions where they operate.
Contact
legal@chiar.com | Chiar, Inc. | California