Do-Not-Call Compliance scrubbing and list management is a top priority for call center directors today. And the importance of vendor oversight for companies outsourcing these DNC chores on your behalf cannot be overstated. Reducing the complexity of the myriad of TCPA wireless and Federal and State Do Not Call regulations to a single data repository is critical. Making compliance procedures easy and straightforward means they will be used by the sales and IT folks day in and day out.
You’re probably already looking at the big compliance requirements – like making sure you’re scrubbing against the latest Federal, State, and cell lists; but we sometimes overlook the little things that can be among the most effective litigation deterrents. Like prompt follow-up on call complaints at your call center or business. Making sure your automatic telephone dialing system is calling cells correctly in pause and preview mode, and certifying that compliance. Apologizing to irate customers that have a tendency to generate the most complaints.
And for you fast moving tech companies calling other businesses (B2B), are cell phones from social media sourced brokered lists putting you in compliance danger? With the updated cell phone laws of 2013, maybe your IT officer, who traditionally handles DNC Compliance chores, is becoming overwhelmed by the new challenges and rate of enforcement. Or maybe your IT Officer is sick, or got another job, leaving you with incomplete DNC compliance procedures only he understood.
With permission based telemarketing and non-telemarketing calls – are you checking for reassigned number right party verifications. You’re responsible to make sure the person providing permission to call is the same one that will be receiving the call!
If you’re using a vendor, does the hosted dialer company have an in-house DNC Solution, or are they contracted with a DNC Law Compliance Specialist? Sometimes fulfillment houses just don’t want to handle compliance with the additional liability exposure and work of updating lists and CRM records. Lawyers tell us they prefer you work with a third party compliance specialist should they end up in court.
What’s your “Safe Harbor” Strategy – including a DNC policy, company specific in-house list sent out certified mail upon request - and are these policies and enforcements available in the format and time requested for their retrieval should a problem occur.
Is your DNC compliance director aware of the importance of Previous TCPA Litigant scrubs? These are the folks that have sued at least once, know the game, and are most likely to sue again! And are you scrubbing against VoIP to complete your protections on consumer calls. We’ve now had a case where the consumer was paying for the call – a clear violation under the Telephone Consumer Protection Act.
On written permission-to-call signup forms, are they clear on EXACTLY how the cell owner can expect to be contacted: via live call, pre-recorded messaging or text. And are the records properly archived and updated should a problem occur? And you are sure you’re calling the same person that gave you the O.K. to call their cell phone, right?
As you can see, DNC Compliance is a changing and moving target. As the FTC, FCC, State AG’s and CFPB continue to add on and refine their interpretations of these laws, fines get heavier and heavier and pro-active protections become more important than ever. Compliance is not something you “set and forget”, rather, it’s an ongoing challenge to make sure you’re getting the most up to date protections from your calling procedures.
So stay involved in your compliance efforts. If you find yourself violating consumer protection statutes repeatedly, or using a third party vendor for compliance without meaningful oversight – or giving up effective supervision of DNC Compliance vendors altogether because compliance is “too complicated” or “you just don’t have the time”, that could be recipe for disaster today!