TCPA & CAN-SPAM Compliance

The TCPA restricts certain types of telephone solicitations and the use of automated technology to place calls and send text messages. Key prohibitions relevant to Yapii customers include:

• Using an automatic telephone dialing system (ATDS) or an artificial, prerecorded, or AI-generated voice to call or text a wireless number without prior express consent. The FCC has confirmed that AI-generated voices are "artificial" voices under the TCPA, so AI voice calls require the same consent as prerecorded calls.
• Using a prerecorded voice message to call a residential landline for marketing purposes without prior express written consent.
• Calling or texting numbers registered on the National Do Not Call (DNC) Registry without an established business relationship or written consent.
• Continuing to contact any person after they have requested not to be called.

Statutory damages for TCPA violations range from $500 to $1,500 per message or call, and private class actions are common. Regulators at the FCC and state attorneys general also bring enforcement actions.

Marketing messages sent by autodialer or using a prerecorded voice to wireless numbers require Prior Express Written Consent ("PEWC"). PEWC must:

• Be in writing (including electronic form) and signed by the recipient.
• Clearly authorize the caller to deliver marketing messages using an ATDS or an artificial, prerecorded, or AI-generated voice.
• Identify the specific seller and telephone number(s) from which calls may be placed.
• Not be a condition of any purchase.

Informational or transactional messages (for example, appointment reminders or service alerts that are not marketing in nature) require prior express consent, which is a lower standard than PEWC but must still be obtained before sending.

Yapii requires each Customer to represent and warrant in the Terms of Service and Acceptable Use Policy that they have obtained all required consents before uploading contacts or initiating any outbound campaign through the platform. Yapii does not independently verify consent at the individual contact level - that responsibility belongs to the Customer.

Yapii maintains a unified suppression list per workspace. When a contact opts out through any supported channel, the suppression is applied immediately and propagates across all channels:

• SMS opt-outs: Yapii processes STOP, UNSUBSCRIBE, CANCEL, END, and QUIT keywords automatically within seconds of receipt. The contact is added to the workspace suppression list and no further SMS messages are sent.
• Voice opt-outs: Contacts who request to be removed during a call are flagged in real time. Subsequent dialer campaigns exclude suppressed numbers.
• Manual opt-outs: Agents can mark any contact as opted out directly in the Yapii contact record. The suppression takes effect immediately.
• Import-time suppression: When importing a CSV, Yapii checks each number against the existing suppression list and skips suppressed contacts before any message is sent.

Suppression records are retained indefinitely so that a contact re-imported through a later CSV cannot accidentally receive messages after opting out. Customers must not take any action to circumvent, override, or otherwise bypass the suppression system. Doing so is a material violation of the Acceptable Use Policy and may result in account suspension.

The National DNC Registry and state-level DNC lists restrict certain outbound solicitation calls regardless of consent. Customers are responsible for:

• Scrubbing their contact lists against the National DNC Registry before initiating any marketing call or text campaign.
• Maintaining their own internal DNC list and honoring do-not-call requests within 10 business days of receipt (the FCC standard effective April 2025) and ideally within 24 hours.
• Complying with state-specific DNC rules, which may be more restrictive than the federal standard (for example, shorter grace periods or broader definitions of solicitation).

Yapii's suppression system enforces internal opt-outs automatically. However, Yapii does not currently integrate with or scrub against the National DNC Registry on behalf of Customers. Customers must perform their own DNC scrubs using a compliant list-scrubbing service before uploading contacts for phone outreach.

Yapii is a messaging platform, not the initiator of individual communications. Under the TCPA, liability for sending non-compliant messages attaches to the entity that originates or directs the communication - in most cases, the real estate agent or their brokerage. By using Yapii's messaging features, Customers agree that they:

• Are the sender of record for all outbound messages initiated through their Yapii workspace.
• Have obtained, and can document on request, the required level of consent for each contact and channel they message.
• Have scrubbed their contact list against the National DNC Registry (and any applicable state DNC list) before initiating marketing calls or texts.
• Will honor all opt-out requests immediately and will not attempt to re-contact a suppressed number through any workaround.
• Will promptly notify Yapii at legal@yapii.com if they become aware of any compliance incident, regulator inquiry, or litigation involving messages sent through the platform.

Yapii may assist Customers in responding to compliance inquiries by providing message logs and suppression records for their workspace, subject to the terms of the Data Processing Addendum. However, Yapii does not provide legal advice and is not responsible for a Customer's compliance with the TCPA or any other applicable federal, state, or local law.

Yapii builds the following controls into the platform to help Customers maintain TCPA-compliant outreach:

• Quiet hours enforcement: Outbound SMS and voice campaigns are subject to configurable quiet-hours windows. By default, Yapii prevents messages from being sent before 8 a.m. or after 9 p.m. in the recipient's local time zone, consistent with TCPA regulations.
• Keyword opt-out processing: STOP and related keywords are handled automatically at the carrier and platform level with no agent intervention required.
• Unified suppression: A single suppression list covers all channels so an opt-out on one channel suppresses all others.
• Consent field in contact records: Each contact record includes a field for agents to log consent source, date, and channel, providing a defensible audit trail.
• Campaign review step: Before any bulk SMS or voice campaign is sent, agents must confirm the audience and message in a review screen, reducing the risk of inadvertent sends.

These controls reduce compliance risk but do not guarantee compliance. The adequacy of any particular compliance program depends on facts and circumstances that Yapii cannot evaluate - including how and when consent was originally obtained, the nature of the message, and the applicable state law. Customers should work with qualified legal counsel to design and audit their outreach programs.

Email sent through Yapii is governed by the CAN-SPAM Act rather than the TCPA. CAN-SPAM applies to any commercial email and requires:

• Accurate header information and non-deceptive subject lines.
• A clear and conspicuous way to unsubscribe, honored within 10 business days and free of charge.
• A valid physical postal address in every commercial email.
• Identification of the message as an advertisement where required.

Yapii's sending layer includes the platform's postal address and a working unsubscribe link in every commercial email footer, processes unsubscribe requests automatically, and applies them to the unified suppression list alongside SMS and voice opt-outs.

Customers remain responsible for the content of their messages, for sending only to recipients with appropriate consent, and for any additional requirements of applicable state email laws. Under CAN-SPAM, both the platform that transmits a message and the business the message promotes can face liability, so Customer content that violates the Act is a material violation of the Acceptable Use Policy and may result in throttling, suspension, or termination.

If you believe you have received a message through Yapii that violates the TCPA or your opt-out request was not honored, please contact us:

• Email: compliance@yapii.com
• Mail: Yapii LLC, Attn: Compliance, 1883 W Royal Hunte Dr, Ste 200A, Cedar City, UT 84720

Please include the phone number that received the message, the date and approximate time, and a copy or description of the message if available. We will investigate all credible reports and take appropriate corrective action, which may include account suspension.

TCPA regulations and FCC guidance evolve frequently. We review and update this page when material regulatory or interpretive developments occur. The effective date at the top of the page reflects the most recent substantive revision. For questions about TCPA compliance in the context of your specific use case, please consult your own legal counsel.