Texting Customers: QA: What Is AP2-10DLC?

Effective summer of 2023, a new requirement was introduced called A2P 10DLC, which stands for Application-to-Person messaging using a 10-Digit Long Code phone number. This new requirement mandates that any text message sent from a technology application be considered “business texting” and must be registered, even if it is person-to-person. This process was set forth by carriers to reduce spam/fraud, and the good news is that, once registered, it increases your company’s text delivery rate by providing a layer of confidence that your messages will not be flagged or blocked. This method is a legal requirement, and companies can be subject to penalties if they do not comply. In order to register a company number, business owners will be required to submit an EIN as well as answer questions regarding which types of text campaigns you will be engaging in and proof that you are allowing customers to opt in and opt out of messaging.

And no, your team should not be using personal cell phones to text business leads.
Proceed cautiously—one unregistered message to the wrong person could trigger legal issues.

QA: What are the Rules for Telemarketing?

Every state has rules on when you can call humans. Be sure to honor these call rules, which vary by state. For example, in California, telemarketing calls using prerecorded messages are restricted to the hours between 9:00 AM and 9:00 PM. For live telemarketing calls, federal regulations allow these between 8:00 AM and 9:00 PM. To view a full list by state, visit ftc.gov

QA: What is a DNC?

DNC (Do Not Call) refers to the Do Not Call Registry, a federal list managed by the Federal Trade Commission (FTC) that allows consumers to opt out of unsolicited telemarketing calls.

Key Points about DNC in Solar Sales:

• Compliance is Required—Solar companies cannot cold-call numbers on the National Do Not Call Registry unless they have explicit consent or an existing business relationship with the consumer.
• Penalties for Violations—Companies that violate DNC laws can face fines of up to $40,000 per call as per the FTC’s Telemarketing Sales Rule.
• State-Level DNC Lists—Some states have their own Do Not Call laws, which may be even stricter than federal regulations.
• Caller ID & Robocall Restrictions—The FCC enforces rules on misleading caller ID usage and robocalls, ensuring transparency and compliance.

📞 Calling & Outreach Best Practices

1. Display Proper Caller ID—Avoid misleading or “spoofed” numbers. Note when using dialers this can be a challenge, as they rotate numbers frequently but if you have a smaller team, you can register all tracking numbers for free from places like freecallregistery.com
2. Identify Your Business Clearly—State your name, company, and purpose upfront. Make sure your team has a consistent script to open and close your calls. For example, ending a call with “I hope you have a sunny day” vs. “I hope you have a blessed day”—they ”feel different. Find your brand voice and align the team; it all matters.
3. Respect Call Time Restrictions—Only call between 8 AM and 8 PM (local time of the recipient). Also consider not calling on Sundays and shortening any Saturday outreach to 10 AM—3 PM.
4. Provide an Opt-Out Option—Always offer an easy way for the recipient to decline further calls. It should be just as easy to give consent as it is to revoke it. This should also be universal; if they say, “Never contact me again,” take the time to remove them from texting, email, direct messages, and call campaigns. Many CRMs have what we call “Universal Consent” tools to help make this easy to manage, but that’s not always the case. Sloppy practices can cost you more than just money. If you receive too many SPAM marks on emails or texts, you get shut down. There are also costs to hold contact records in many systems (like MailChimp and HubSpot), so if they said they’re dating someone else or are not interested in you, archive them and move on.

Anna’s Tip: Always document consent, record calls where legally permitted, and train your team regularly to stay compliant. In most states—known as one-party consent states—you can record a conversation as long as one participant (like yourself) is aware of and agrees to the recording. However, several states, including California, Florida, Illinois, Maryland, Massachusetts, Pennsylvania, and Washington, are two-party (or all-party) consent states, which means all participants must be informed and agree before recording. To stay safe and professional, use a whisper message at the start of calls: “This call is being recorded for quality assurance.”

QA: What are the Rules for Email Marketing?

In the United States, email marketing is primarily regulated by the CAN-SPAM Act of 2003, which establishes standards for commercial emails and grants recipients the right to opt out of unwanted messages. To ensure compliance, consider the following key requirements from our friends at the Federal Trade Commission (FTC):

1. Accurate Header Information: Ensure that your “From,” “To,” and “Reply-To” fields, including the originating domain name and email address, accurately reflect the sender’s identity and are not misleading.
2. Non-Deceptive Subject Lines: The subject line must truthfully represent the content of the email and not be deceptive in any way.
3. Identify the Message as an Advertisement: Clearly and conspicuously disclose that your message is an advertisement, unless you have explicit consent from the recipient to receive such emails.
4. Include a Valid Physical Postal Address: Your email must contain a legitimate physical address where you can receive mail. This can be your current street address, a post office box registered with the U.S. Postal Service, or a private mailbox registered with a commercial mail receiving agency.
5. Provide a Clear Opt-Out Mechanism: Offer recipients an easy and clear way to opt out of receiving future emails from you, such as an unsubscribe link. You must honor opt-out requests promptly, within 10 business days.
6. Monitor Third-Party Email Marketing Services: If you hire another company to handle your email marketing, you are still responsible for ensuring compliance with the law.

Non-compliance with the CAN-SPAM Act can result in significant penalties, with fines up to $53,088 per violation. It’s also important to note that other countries have their own email marketing regulations. For instance, the European Union’s General Data Protection Regulation (GDPR) requires explicit consent from recipients before sending commercial emails. Similarly, Canada’s Anti-Spam Legislation (CASL) mandates obtaining consent prior to sending commercial electronic messages.

As always, given the complexity of international laws, it’s advisable to consult legal counsel to ensure your outreach efforts—including texting, email, and lead engagement—comply with all applicable regulations. The larger the company, the greater the risk exposure. It’s critical to recognize that, in today’s digital economy, every company is a data company. That means we all share the responsibility of maintaining trust with our consumers by honoring their rights to opt in or out, to update their data, or to request removal or deletion from your database through a Subject Rights Request (SRR).

While entire books have been written on consumer privacy and protection, what I’ve outlined here is more than enough to keep most solar business owners on solid ground. With that foundation in place, let’s move into the next critical topic: structuring your team and selecting the right technology to support it.

[1] https://www.ftc.gov/business-guidance/resources/complying-telemarketing-sales-rule

[2] https://www.ftc.gov/business-guidance/resources/can-spam-act-compliance-guide-business

[3] https://www.ftc.gov/business-guidance/resources/can-spam-act-compliance-guide-business