You’re never going to get a Do Not Call Law Compliance Service Provider to guarantee in writing against anything that could ever happen with the FTC, FCC, State AG, or in the courts. So what exactly is the advantage of working with a 3rd party then, and what type of compliance partner should you seek out? Let’s take a look.
The 2 Biggest Mistakes in DNC TCPA Compliance
This video is for informational purposes. Be sure to consult your own attorney for questions specific to your business.
Non-Specialty DNC Service Providers can be Problematic:
List Providers, Data Providers, and Fulfillment Houses handling DNC:
When you contract with these types of non-specialty providers to “scrub” numbers on your behalf with, there’s probably something in your agreement that says, “We’ve done the best we can, but if you have a problem, you’re on your own.” Traditionally, these types of companies provide scrubbing as a helpful service for you. They probably won’t be there for you should a problem occur. (And with a 33% jump in TCPA fines last year, and record-setting settlements, they’re probably not that anxious to “help” with DNC anyway.) See: "Vendor Oversight: Most Overlooked Component of TCPA & Do-Not-Call Compliance."
Again, nobody is going to provide robust Safe Harbor Protection and proper archiving for nothing.
Price Shopping for DNC:
With Do-Not-Call protections, you can spend a lot more and get not much, or a little less and get nothing. You’re looking for that sweet spot. Worse, most “DNC Providers” won’t be there for you should a problem occur. For example, if you have an insurance office with 50 Agents, you’ll want to have a fully archived number lookup tool backed by daily Federal updates. Why daily? When a consumer puts their number on DNC Lists, they don’t expect to be called anymore—and have a higher propensity to complain—the smoking gun for the CFPB. So before each campaign or call, check the number. Of course State, Wireless, and In-House need to be scrubbed also. See: "Costs of Do Not Call TCPA Compliance Vendors."
Piggy-Backing on a friends DNC account to save money:
The Do-Not-Call Laws nationally and in virtually every State require you to handle your own scrubbing And to have your own Do-Not Call-Policy, your own Company-Specific In-House List, your own Policies Procedures and Enforcements, and your own registrations. If you are piggy-backing on someone else’s account, your Safe Harbor protection won’t hold up. (Safe Harbor just means if you have your DNC policies and procedures in place, and you make a mistake either mechanical or human, it’s O.K.
Non-Specialty DNC Providers don't have expertise for Safe Harbor DNC Survival:
Do you handle Federal and State Do-Not-Call TCPA Registrations?
Do you archive and date the scrubs in the formats required should the FTC, FCC, State AG, or courts require it.
Do you have a Do-Not-Call Policy that’s sent out on demand by certified mail should a company request it. (If someone requests your Do-Not-Call Policy, it’s probably someone trying to get you in trouble. No one just wants a copy of your DNC Policy!)
Do you have the proper interfaces to easily and quickly work with my vendors in the background?
- What is your track record in helping my peers with compliance?
For DNC Compliance, you want the biggest, baddest dude you can find.
Fortunately, we’re not talking about breaking the bank here for the best you can get. The very top folks that handle data hygiene on the National Registry Provide certifications for the top teleservices trade group PACE (formerly the American Teleservices Association) won’t be much more than smaller providers with less clout. You basically want the State AG to take a look at your supposed violation, see who you’re working with, and walk away, knowing there is no money there.
Oh Yes… So what’s the Guarantee in a Do-Not-Call Law Compliance Scrubbing Solution?
Other than payback for failure of service, there is none! A top DNC company will fight tooth and nail for you though, to maintain both their reputation and track record. And Safe Harbor requirements, your key to a squeaky clean no kidding get-out-of-jail free card, are almost impossible to maintain on your own. AT&T couldn’t do it. American Express couldn’t do it.
But you could be the first, somehow, some way to have an unsolvable DNC problem with a very top Do-Not-Call Law Compliance Service Provider!