Business to Business callers are having a hard time. They’re not used to complying with the Do Not Call and wireless TCPA Laws. “Hey, we call businesses so we’re exempt, right?” But this attitude makes easy pickings for cookie cutter law firms looking for quick money and class action certifications. Here are 4 essential protections for your General Council to check out as part of your B2B calling initiatives today. Who should read this? If you're helping businesses over the internet with website and related services, financial assistance like business factoring and internet financing, brokered lists to businesses, software sales - ya you!
The 4 Essential Call Protections for B2B’s.
Litigator Scrub:A Previous Litigator Do Not Call and TCPA scrub consist of about 85,000 former litigants, and increasing at 1200 per month. Roughly 40% of these folks have sued more than once. Many are professional litigants setting up compliance traps. They might fill out your web form, and then say you called back using illegal equipment (you used voice messaging to return an inquiry for example.) With the FCC’s June update further blurring the TCPA lines (ie ATDS vs. Manual going to “future capacity” from “present capacity”), it gets messy. So a Litigator List Scrub helps provide powerful and efficient protection against these pros. See our page Litigator Scrub.
Cell Scrub:Where most of the class action money is. A wireless block filter can be easily added to your Do Not Call scrubbing plan. If those cells are not on the National or State lists, you can call em' by hand - With the exception of the 5 States that have outlawed cell calls altogether. The Neustar wireless portability list, consisting of numbers that have been “ported” to wireless from landlines, can also be added at an extra charge. See our blog: I thought I was exempt from cell scrubbing as a B2B
Do Not Call Scrub:At the Washington Summit last month we got real clear when the FTC announced: "B2B's... we expect you to comply with the DNC & TCPA Laws." And courts are starting to prosecute accordingly. So we recommend registering with the National Do Not Call List for free, saving $17,000 for the year. See our page: It's time for B2B's to Register with the National DNC List
State Lists Scrub:Often overlooked, the “mini-TCPA’s” have quietly become the second biggest area of litigation now, and aggressively pursued. State law trumps Federal and is more stringent on the timing of EBR’s and inquiries. Check that most States are included in your Do Not Call and Wireless Scrubs.
The main goal for Business Callers:
The main goal here, as your General Council knows, is to have protections in place that can hold up against all these traps, apps, and multiple lawsuits. Preferably through a Certified Do Not Call Law Compliance Service Provider. Your GC will want the best compliance scrubbing records possible should he ever go to court on your behalf. And he’d rather not engage professional litigants altogether, as court interpretations are all over the place - exacerbated by the FCC’s deliberate non-hands-on approach. They on purpose seem to make these things a bit non-specific.
A B2B compliance program consisting of Litigator Scrub, DNC Scrub, Wireless Block Scrub, and States Scrub – is the best defense you’re going to get today on the TCPA. These programs are not expensive, and won’t break the bank. And the good news for B2B’s – this can all be done without too much number fallout. Many B2B’s call tip-ins or call-ins from their website, so you can call those mobile numbers by hand as an exception. But scrubbing and archiving is still key. That's whats new for you. It's tough to claim you have a special calling procedure for cells if you don’t identify them in the first place.
Keep in mind: Businesses that have put their numbers on call prohibition lists aren’t going to buy anything anyway, and will have a higher propensity to complain!
Note: This "list of essentials" is a general summary. It's probably incomplete, and has some mistakes for your particular business. Please - call my personal line to discuss your individual situation at 561-317-3001. We'll get you asking the right questions and pointed in the right direction. As a B2B company, I know this compliance stuff can be all new for you. But once you get going, it's pretty easy - Bob