TCPA & Communications Consent
Compliance requirements under the Telephone Consumer Protection Act (TCPA), FCC regulations, CTIA 10DLC messaging standards, and call recording statutes.
Important Notice for Business Subscribers
Booky AI powers artificial intelligence voice call reception, automated appointment scheduling, and automated SMS notifications. Under US federal and state laws, business subscribers using our platform to communicate with consumers are responsible for obtaining and maintaining valid consent prior to initiating outbound communications.
1. Purpose and Scope
This TCPA & Communications Consent Policy ("Communications Policy") outlines the legal standards governing telephone calls, artificial voice communications, call recordings, and text messaging (SMS/MMS) transmitted through or powered by the Booky AI platform.
This policy enforces compliance with:
- The Telephone Consumer Protection Act (47 U.S.C. § 227) and implementing FCC regulations (47 C.F.R. § 64.1200).
- The Telemarketing Sales Rule (TSR) administered by the Federal Trade Commission (16 C.F.R. Part 310).
- FCC Declaratory Rulings on Artificial Intelligence confirming that AI voice technologies fall within the TCPA's restrictions on "artificial or prerecorded voice".
- CTIA Messaging Principles and Best Practices and carrier 10DLC (Application-to-Person) guidelines.
- Federal and state wiretapping and Call Recording Consent Statutes (including California Penal Code § 632, Florida, Pennsylvania, and other two-party consent jurisdictions).
2. Direct Communications from Booky AI to You
When you create an account, request a product demonstration, or submit an inquiry on booky-ai.com, you may be invited to provide your telephone number. By providing your phone number and checking the consent box (or submitting the form with express disclosure):
- Nature of Communications: You consent to receive transactional and informational communications from Booky AI, including account setup verification, two-factor authentication (OTP), onboarding support, scheduling confirmation, and customer service updates.
- Technology: Messages and calls may be delivered using automated telephone dialing technology or artificial intelligence conversational agents.
- Message Frequency: Frequency varies based on your account activity and appointment bookings.
- Cost: Message and data rates may apply in accordance with your mobile carrier plan.
- Revocation / Opt-Out: You may opt out of SMS communications at any time by texting STOP in response to any message, or by contacting [email protected]. Text HELP for customer support.
3. AI Voice Receptionist & Call Recording Disclosures
Booky AI provides an AI-powered voice receptionist that answers incoming telephone calls on behalf of our business subscribers to schedule appointments, take messages, and answer customer inquiries.
3.1 AI Voice Disclosure
In accordance with FCC regulations regarding artificial or synthetic voice generation, callers must be informed promptly when an automated or AI system is answering or assisting with a call.
3.2 Call Recording & Two-Party Consent Compliance
Under the laws of several US states (e.g., California, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania, and Washington), all parties to a telephone conversation must consent to recording or live electronic transcription.
Mandatory Call Greeting Standard
All AI voice agents deployed via Booky AI include or must be configured by the subscriber to include a clear initial greeting such as:
"Thank you for calling [Business Name]. This call may be recorded and processed using artificial intelligence for appointment scheduling and quality assurance."
4. Responsibilities of Business Subscribers (CRM & Messaging Users)
When you, as a business subscriber ("Subscriber"), use Booky AI to interact with your leads, prospective customers, or existing clients, you act as the Sender/Controller of those communications, and Booky AI acts as the Communications Service Provider/Processor.
Subscribers must strictly adhere to the following obligations:
4.1 Prior Express Written Consent
Subscribers must obtain verifiable Prior Express Written Consent from any consumer before scheduling automated outbound calls, artificial intelligence voice calls, or promotional text messages to that consumer's telephone number. The consent must clearly state:
- The consumer agrees to receive calls and texts from or on behalf of the Subscriber.
- The calls or messages may be delivered using automated technology or artificial intelligence.
- Consent is not a condition of purchasing any good or service.
4.2 Maintenance of Consent Records
Subscribers are required to maintain timestamped records of consent (such as web form submissions, IP addresses, recorded verbal opt-ins, or physical agreements) for at least four (4) years following the last communication, and must provide proof of consent upon request.
4.3 Honoring Opt-Out Requests Immediately
If a consumer states verbally to the AI receptionist or replies STOP, CANCEL, UNSUBSCRIBE, or QUIT to an SMS, the Subscriber and platform must immediately cease communications to that telephone number. Booky AI’s platform includes automated keyword opt-out mechanisms that immediately blacklist opting-out numbers across the workspace.
4.4 Calling Time Restrictions (Quiet Hours)
Under federal TCPA regulations and state mini-TCPA statutes (such as Florida and Oklahoma), automated calls and SMS messages may only be delivered between 8:00 AM and 9:00 PM in the recipient’s local time zone (or more restrictive state hours, such as 8:00 AM to 8:00 PM where applicable).
4.5 National and Internal Do-Not-Call (DNC) Registries
Subscribers may not use Booky AI to call numbers registered on the Federal Trade Commission’s National Do Not Call Registry, unless the Subscriber has an established business relationship (EBR) or current prior express written consent.
5. Prohibited Communications
The following message categories and practices are strictly prohibited on the Booky AI platform:
- Phishing, fraudulent offers, misleading caller ID spoofing, or deceptive caller representation.
- Unsolicited commercial cold-calling or lead generation without documented opt-in consent.
- Purchased, rented, or third-party lead lists that lack direct, first-party opt-in consent.
- Disallowed carrier content categories (e.g., cannabis, firearms, adult content, high-risk financial loans).
Violations of this policy will result in immediate suspension or termination of telecommunication capabilities, API access, and workspace accounts.
6. Subscriber Indemnification
As set forth in our Terms & Conditions, Subscribers agree to defend, indemnify, and hold harmless Booky AI, its officers, directors, employees, and telephony carriers from and against any claims, regulatory penalties, fines, damages, or liabilities arising from the Subscriber's failure to obtain required consent, honor opt-outs, or comply with federal and state communications laws.
7. Questions and Compliance Inquiries
If you have questions regarding TCPA compliance or wish to report an unsolicited communication, please contact our Regulatory Compliance Team:
- Email: [email protected]
- General Inquiries: [email protected]
- Online Support: booky-ai.com/contact/