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PLATE Nº 082 · DOCUMENT

TCPA

TARGET-STATE DRAFT — NOT APPROVED OR EFFECTIVE
STATUSTarget-state draft
LAST REVIEWEDNone yet — no review has run
CONTACTvia /contact/security
DRAFT NOTICEThis page describes Dohos's target posture toward the Telephone Consumer Protection Act and its implementing rules, as reflected in Dohos's internal communications-consent policy. It is not a claim that a specific call, text, or campaign has been reviewed against every applicable federal, state, and carrier rule — that review happens program by program, not once for the whole product. Marketing and automated/prerecorded outbound communications remain disabled while that review is outstanding.

01What the TCPA governs

The TCPA (47 U.S.C. § 227) and its implementing FCC rules (47 C.F.R. § 64.1200), alongside the FTC's Telemarketing Sales Rule (16 C.F.R. Part 310), govern who may be called or texted, using what technology, with what consent, and on what schedule. The exposure the statute is best known for — automated or prerecorded marketing calls placed to a number without the right consent on file — concentrates almost entirely on outbound calling.

02An inbound voice channel

Dohos's voice product answers a call a customer places to reach a specific restaurant. It does not originate outbound calls to a list, does not autodial, and does not place a call a person did not first initiate by dialing the restaurant's own number. That structural fact — inbound, caller-initiated — is where a TCPA analysis for this product starts, and it is a materially different starting point from a dialer that places calls out to a purchased or scraped list.

03Marketing and automated outreach stay off

Dohos's communications policy does not merely treat marketing and automated/prerecorded outbound calling as a smaller risk category than the inbound channel — it disables both categorically until a separate, specific review is complete: counsel analysis under TCPA, FCC, FTC, and applicable state and carrier rules; a verified consent and do-not-call architecture; clear seller/telemarketer role assignment; and production-like testing, all completed and approved before either capability could turn on. None of that review has happened, so neither capability is available today, not just deprioritized.

  • purchased, scraped, appended, or otherwise inferred contact lists are prohibited outright, not merely disfavored
  • consent to one restaurant, purpose, channel, or messaging program never transfers to another
  • an established relationship or a prior order does not by itself create marketing consent

04Disclosure at the start of every call

Every call opens with a disclosure that the caller is speaking with an automated system before any ordering begins — the exact disclosure requirements live at the AI and Voice Transparency Notice, and this page doesn't restate them. What belongs here is the TCPA-specific point: that disclosure is a consent and transparency practice independent of whether a call is ever recorded, and independent of whether SMS follow-up is involved — three separate consent questions this page keeps separate rather than folding into one blanket "you agreed to everything" moment.

05What happens to a call after it connects

CORRECTEDRaw call audio is off by default and stays off unless a Restaurant has separately enabled and disclosed a recording capability for its location — that part of the source policy's framing is accurate as written. A text transcript of the completed call is a separate matter: it is retained under the pilot's standard configuration for the restaurant's operational use, access limited to authorized staff and bound by the retention period in the Privacy Notice. That is not the same capability as audio recording and is not gated behind the same separate consent — an earlier, less precise framing of this distinction was corrected for consistency with the correction already applied across the legal library.

State-specific rules about recording a call — as opposed to calling or texting someone at all — are a different body of law from the TCPA. See the state recording law position for that half of the picture.

06Transactional messages only

SMS sent after an order — confirmation, status, a link to complete payment — is transactional: necessary and narrowly tied to the order the caller placed, never a vehicle for a coupon or a cross-sell. The communications-consent notice carries the program-specific detail; this page states the boundary that keeps that program on the transactional side of the TCPA's marketing/transactional line.