As an independent professional phone sales person, whether Real Estate, Insurance Agent, Financial or Mortgage broker – proper Do Not Call Law Compliance protections are a must today. Especially with additional State and Federal Cell restrictions coming into play. Here are some tips to help shore up your DNC / TCPA Compliance obligations before picking up the phone:
Independent Agent DNC TCPA Protection - Video
This video is for informational purposes. Be sure to consult your own attorney for questions specific to your business.
Your DNC number checking or “scrubbing” tool should include:
- Internet based - available anywhere/anytime.
- Must be cost effective - Low monthly fee.
- Easy to use – no DNC list downloading or software downloading.
- Includes all lists: National (with registration), State, Wireless, Internal.
- Everything is archived and available in the timeframe and format Government entities demand - so it will survive a “safe harbor assessment”
- Program includes the 5 States that don’t allow any cell calling, even hand dialing.
- You must register as a business at: www.Telemarketing.DoNotCall.gov. First 5 area codes are free. Then $67. per/per year. If no registry required – it’s not DNC Compliant.
- Will check both individual and large groups of numbers.
Watch out for "Free DNC" or "Free Trial DNC" compliance providers
Or servicers not including State or Wireless numbers. These small companies may have a nifty downloaded DNC software program, or National List scrub offering - but likely won't have the required recordkeeping or attention to detail to stay with you should a Certificate of Demand surface from the powerful Government entities. You must answer a DNC complaint as you would any court document.
Be careful of Vendors who may provide an easy number checking tool –
But without proper day to day list downloading in the background, updates and oversight, it won’t hold up should a problem occur. These Vendors - list brokers, data providers, marketers and fulfillment houses aren’t designed to handle the legal intricacies of DNC protections. Somewhere buried in their agreement is some version of, “We’ve done the best we can – but if we have a legal issue, you’re on your own.” And you’re responsible for “Vendor Oversight” – so now it’s your responsibility compliance chores a less than robust DNC Vendor helper is doing!
If you’re making calls on behalf of a product or service –
Insurance, Real Estate, Mortgage, or other service – you have an additional threat. Should a DNC violation make its way to hearquarters, the companies legal team may want to set a financial example. Whatever arrangement you have – residual income, scalable income – is at risk.
(Large Company DNC responsibilities for Agents very all over the place. We’ve sat with major company General Council’s who refused to provide so much as a National Registration for their Independent or Captive Agents. And yet, burried in their agreement is, “You’re responsible for DNC/TCPA procedures”, without any particular guidance!)
Remember to use your number checking tool!
Sounds silly. But just like 80% of Gym memberships aren’t even used, so it goes with DNC number checking. It’s not enough to just sign up for the program. Enter your calling numbers in there somehow – EVERY time you call. Remember: DNC Compliance is a legal issue, not a data issue – but without the data – legal will be less likely to hold up.
Make sure your DNC system is on track to survive a “Safe Harbor Assessment” –
Which says, “If you make a mistake, whether mechanical or human, and you’re policies, procedures and enforcements are O.K. – you’re O.K.” If you’re in doubt, look at the providers track record. That should give you a pretty good idea of the level of DNC protections –
Rather talk with me about your individual DNC Challenges - just call my personal line at 561-317-3001
What do you think? Is it better just start making calls as an independent sales agent and see how it goes? Let me know your experiences - especially you seasoned veterans! -
- Single-User Quick Check - for Independent Agents
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