As you know, small businesses and “grey area” business-consumers are becoming more educated and sensitive to incoming cell communications, solicitations, and updates—especially when generated through Automatic Telephone Dialing Systems. Many times, it’s not worth the risk or hassle of potential litigation in defending these potential class action cell phone suits.
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This video is for informational purposes. Be sure to consult your own attorney for questions specific to your business.
Only your legal team can advise you on whether you should call cells—based on your permission archiving and the updated Automated Telephone Dialing System cell laws—,but whether you reach out or not, you must separately identify and archive your cell phone records.
The first thing Government agencies will ask: “Please show us your properly archived and available cell scrubbing records and procedures.”
Many traditional business-to-business companies are thinking about scrubbing cells for the first time, but don’t know where to look. They’ve traditionally solved all communications outreach issues in-house. They may have heard about the incredible multi-million dollar class action lawsuits involving cells, and have an interest in staying as far away from litigation possible. See: "B2B Marketers must Scrub Cells Now."
How to scrub and archive cell phone records on business-to-business calls. Here are 5 Tips:
Tip 1: Don’t try to scrub your Cell Phone Records in-house.
Cell phone scrubbing is a legal issue, not a data issue. Your IT department is not set up for the legal onslaught litigation can bring. And the stakes are too high. Class actions involving cells are way out of line with the actual inconvenience the call caused.
Tip 2: Employ a top Do Not Call Law Compliance Service Provider schooled in the legal nuances of cell and DNC scrubbing
This will NOT be your dialing company, listing provider, lead generator, or what the secretary at the State AG told you to do. This will be your no kidding, squeaky clean, “get-out-of-jail-free-card” Compliance provider with a long track record and skin in the game. You want someone schooled in the details of scrubbing cells in the time frame and format required should a problem occur. As top DNC/TCPA Telemarketing Attorney Eric Allen says, “These are the compliance experts. They don’t make mistakes.” See: "Do Not Call Protection Solutions."
Tip 3: Consult your expert TCPA Legal Counsel carefully before dialing cells.
“I got a great idea that no one’s thought of to call cells,” or “I’m exempt anyway,” won’t cut it anymore. Many of these class action and affiliated suits don’t make it to court. Your counsel will be familiar with them, along with your risk tolerance. (He will also be ecstatic you’re using a DNC Law Compliance partner rather than winging this in-house, in case he ever needs to defend you in court!)
Tip 4: Consider registering for the National Do Not Call Registry as part of your compliance procedures.
Hey, if a small business or single business owner/consumer has gone to the trouble of putting their phone numbers on the National and State Do-Not-Call Registries—cell or landline—they ain’t going to buy anything anyway! Worse, they will be much more likely to complain. And complaints are what the CFPB looks for when selecting their next company to review. The FTC has also indicated they prefer this practice at the recent Washington PACE Show. See: "B2B Marketers should consider National DNC List Signup."
You may be eligible to register with the National Do-Not-Call Registry as an exempt B-to-B entity, saving you $17,000 per year. You’ll still need to partner with a top DNC Law Compliance Provider for your full protection scrubbing, so you’ll not only be archiving the cells, but also any business that’s put their number on a Do-Not-Call list. Talk to your lawyer about the advantages of registering your business should a problem occur when calling.
Tip 5: Maintain an ongoing relationship with a third party Cell Phone Scrubbing expert.
Cell laws are changing all the time. Cell calling permissions are becoming more stringent and the TCPA has many proposals under review. “I didn’t know” is not an excuse to not keep your cell scrubbing protections up to date! (This includes, “I think my listing provider handles that,” and “the cells are already scrubbed out,” and “nobody we call has cells anyway.”)
Other considerations when scrubbing and archiving your Business-to-Business Mobile records:
Why can’t I just have my IT department scrub cells and be done with it.
Gathering, archiving, and updating your various cell sources for your company is like generating your own electricity. You can do it, but there’s a better way.
Why should I have a compliance company identify my cells?
If you end up going to court, your defense is only as good as your data. Any TCPA lawyer will tell you they’d rather have archived scrubs from a competent third party Do-Not-Call Law Service Provider than some internal solution you’ve cooked up.
The CFPB has been essentially arming consumers and small businesses with “how to” manuals on giving businesses a hard time. And the most sensitive are cells.
It’s cheap to sub this out. Compliance companies have the advantage of scale that you don’t—and more experience. Scrubs are archived and dated and available in the time frame and format the FTC, FCC, State AG’s, and individuals suing you will want them.