With so much attention on B2B cell phone scrubbing after the October 16th TCPA cell law change, don’t forget about the National Do-Not-Call List. As the FTC was quick to point out at the most recent Washington D.C. Pace Summit: B2B telemarketers need to scrub out home-based businesses on the national DNC list, something few B2B call centers seem to do.
In other words, you can’t use your exemption to call small businesses that are on the Do-Not-Call List—cell or not!
Watch 3 reasons B2B's should register with DNC List
This video is for informational purposes. Be sure to consult your own attorney for questions specific to your business.
Does this mean I need to register with the National Do Not Call List as a B2B Exemption?
Our legal contacts are recommending that you do so, especially since that’s the only way you can get a Subscription Authorization Number to either download the list yourself or give to a top DNC Service Provider to scrub. It'll also save you the $17,000 yearly fee B2C companies pay.
The Good (kind of):
- These small to medium business folks have indicated they’re not going to buy anything anyway. They just don’t want to be called—and actually may be saving you some time.
- The amount of numbers scrubbed out or eliminated from your DNC “business” list shouldn’t be that many. D&B tells us that 20% to 25% of small to medium businesses have their numbers on the DNC Registry. Compare that to over two-thirds of all consumer numbers being on the list.
- You should be able, after consulting with your Council, to register as an Exempt Entity that only calls businesses at www.telemarketing.donotcall.gov for free, saving you the $17,000 plus for the year.
The Bad (for the most part)
- The FTC apparently is upholding the original sacred DNC consumer exemption, no matter how a number is advertised, as long as it’s on the list.
- You now have the additional burden of scrubbing National and other DNC Registries with your new B2B cell scrubbing procedures as required after October 16th
- States continue to get in on the action, piggy-backing on the new cell phone laws. You’ll want to include State Lists in your overall scrubs too.
Think the DNC violation suits for business-to-business calls can't happen to you? - Think again.
I recently spent a week with a top tech company sales manager. Although his cell number was on the National DNC Registry, he continually received 2 to 3 unsolicited calls per day from other tech companies wanting his business. Although his number was hidden on Linked-in pending his approval to give it out, he was well aware data providers were making his hidden Linked-in data available - and thus the calls.
My friend also happens to be a DNC Compliance expert, and knows exactly how to sue these companies and turn their world upside down under both DNC and TCPA statutes - which he elects not to do (fortunately for them). But predatory attorney's entering the B2B calling environment aren't being so friendly.
To be clear, we're talking about two separate B2B calling violations here:
1. Violation of the October 16th TCPA cell phone update: can't use auto-assist to dial cells without written permission.
2. Violation of the National DNC Registry: can't call any number on the Registry, including cells, without an existing business relationship or having received prior written permission.
Cells have been getting all the attention lately. So don’t be fooled or lulled into thinking cell scrubbing, archiving, and identification is enough. Beware of someone’s “business” number that is on the DNC list!
For more information, see our page: "B2B Marketers should consider National DNC List Signup."
What do you think? Should businesses calling other businesses register for the National DNC List now? - Let us know below -
