TCPA for the Subscription Box Industry

Subscription business models have existed since the 17th century, when book and periodical publishers began using them. In the 21st century, the subscription model has taken the particular form of the subscription box. Consumers sign up for a subscription and, on a regular basis, receive a carefully curated box of products and materials selected for the customer.

Beginning in 2010 with the wildly successful cosmetics subscription box Birchbox, subscription boxes have become one of the fastest growing sectors of the retail industry. It has proven to be a successful business model for retailers and something that consumers want. But it carries the same risks as any other growing, changing sector of business, including potentially running afoul of America’s vast regulatory apparatus.

While subscription box companies are likely acutely aware of regulations involving retail and mail-related business, they may be less aware of a particularly dangerous form of regulation that that may affect them: telemarketing regulations. Subscription box businesses need to remain in compliance with laws such as the Telephone Consumer Protection Act (TCPA) and calling lists such as the National Do Not Call (DNC) Registry. This guide will explain the telemarketing regulations as they relate to the practices of running a subscription box business, including marketing, customer service, and delivery notifications.

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