5 ways B2B Marketers struggle with TCPA Compliance.

Nationwide Insurance just issued a TCPA compliance questionnaire to their B2B vendors. Pass, and you get to keep selling for the company. Flunk, and you don't. Everyone failed. "Do your outbound calls constitute advertising?" Ahh what if they do - I'm B2B and that's O.K. right? "Do you make outbound calls that would be considered telemarketing?" Ummm - is this a trick question? B2B's are under TCPA scrutiny because 1. Predatory attorneys have shifted from prosecuting B2C's, who tend to be fairly well protected, to prosecuting B2B's, who still think they are immune from all compliance. 2. B2B's will fight with prosecutors - something they dearly love. Win or lose, prosecuting attorneys can cause the kind of mayhem that gets them up in the morning.

1. Do your outbound calls constitute advertising?

If your solicitation call contains ANY advertising, any portion of the call includes an ad for the latest greatest offer or gizmo - the whole call is considered an advertisement and subject to the more restrictive rules for ad calls.

2. Do your calls constitute upsells?

Again, the same rule applies. Any tie-down, tag-on, closing statement for the upgraded product is an upsell. Negative option offers are upsells. Most companies that think they are NOT upselling are, in fact, upselling. Hey, we're sales people, right? Everything we say is geared towards the next transaction! Keep in mind the Telephone Sales Rule (TSR) covers many of these ad/upsell restrictions, in addition to the TCPA.

3. Are you reselling leads to other B2B's.

If so, your clients might threaten to sue if a company recipient of their call gives them a hard time. Again, this is a new phenomenon. Note to companies buying B2B leads: You are responsible for your cell phone scrubbing, not calling cells using any automated assistance, and hopefully using a [Video] Litigator Scrub to eliminate former TCPA filers. Former TCPA litigants are the most likely group to put you out of business. Leadscon has some additional information on reselling your leads.

4. Do you respond immediately to cookie cutter TCPA threat letters?

TCPA lawyers tell us they usually wait until the second or third letter before responding to trolling prosecuting professional consumer litigants and attorneys. Why? Because these guys send out hundreds of threat letters per week - looking to engage. When you receive a demand letter, look for incorrect statutes being sited, misspelling or incorrect titles on letterhead. Give your own TCPA specialist lawyer (not a general lawyer!) a quick call to get a second opinion.

5. Are you stuck fighting with a TCPA pro-prosecutor?

These are the folks that can stress you out. Give you a hard time. Even if you're right. Alot of money and time wasted here. And nobody likes to receive letters saying they're doing everything wrong. Unless maybe you're a debt collector - ha. But seriously, if you haven't taken proper proactive steps to protect yourself from the TCPA: you're not archiving cells, your call campaigns are littered with previous court filers - do whatever it takes to get away. Settle, pay them off, and get out of there.

For more information on B2B calling challenges and solutions, just call my personal line at 561-317-3001 or email me here - Bob

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