A cursory search under “TCPA Compliance Solutions” reveals that lawyer’s opinions are front and center. Connect First, for example, a top call center/ fulfillment house, hired my friend, Nick Whisler, from MacMurray, Peterson & Schuster to endorse their solutions page: “Connect First has taken significant steps to ensure the TCPA Safe Mode Solution is entirely segregated from equipment that is capable of auto-dialing telephone numbers. Calls made by customers using the TCPA Safe Mode Solution are not made using a different “mode” on a predictive dialer; rather, they are made by entirely different equipment."
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“I’ve handed that compliance stuff off to a different department. You’ll hear from them if they need anything” says a top B2B survey provider. Too bad. You were so close. The only B2B’s that actually sign up for prudent, proper DNC and TCPA protections are those either in court, or who’s lawyers insist on proper compliance safety – or the ones who have friends that are in court.
“Why do I get so many solicitation calls on my home phone - 20 calls in the last few days - and I’ve registered for the National Registry,” says Susan Marshall, Boston, Massachusetts age 82. “I get a few calls included in my plan each month, but the telemarketers use them all up! My landline is registered with the Do Not Call List, and my daughters cell phone doesn't get alot of sales calls.” What gives? –
If you’re making calls on your behalf, or as an outsourced vendor, you’ll need to protect yourself against the Do Not Call and TCPA Laws. Not only for your safety but to keep your employer from coming after you. If something goes wrong, your company’s Lawyer may want answers. He or she will definitely consider cutting off residual income you receive as an independent agent – as well as future financial commitments.
“So what's happening on Do Not Call with this guy,” asks the CEO of a major calling platform provider. “We kind of want to make it our clients problem, right? They send us only pre-cleaned lists. They sign off on them. They upload it to us. It’s their list, and we’re just providing the platform, right?”
The problem is, your clients will continue to look for Do Not Call and TCPA guidance from you. And as the Operations Manager of a virtual call center, fulfillment house, or call marketer - you better get clear on things you don’t want to get involved in, and how you want to direct people on call prohibitions - and the pros and cons of integrating DNC with your present systems. Because upper management needs to know what the risks are. And there’s always risk.
“I’m trying to gauge what we should do vs. what we have to do vs. what is recommended,” says a top marketer of Business to Business training seminars. “We’ve been to several Attorney’s and keep getting conflicting advice on the Do Not Call and TCPA laws. Our dialer appears to fall into the ‘Automatic Telephone Dialing System’ category, although the company that supplies it doesn’t think so. I know we don’t want to call cells anymore, but should we be scrubbing against additional lists? And what are other companies doing?"
More B2B's are being severely punished over their outbound calling initiatives lately. Here are a few tips to help avoid TCPA prosecution. If I’ve missed anything, just give me a call here - Bob
Wouldn’t it be nice if you could get a National Do Not Call List Registration for Free. That lasted forever. And saved you $17,000 a year. And because most of the list is consumer lines, you wouldn't miss em'. And if they were businesses, putting their numbers on the National Registry is a pretty solid indication they're not going to buy anything anyway. And they'll be more inclined to complain to the Consumer Financial Protection Bureau and others.
Some companies just aren’t going to take advantage of the polite, discrete delivery capabilities of ringless voicemail. Even after their business qualifies for use by the top ringless providers. Even after looking at their vendor agreements and seeing no conflicts with this method of contact. Even after using ringless for awhile and making a lot of money! We’ve seen legal teams get cold feet and abruptly terminate direct to voicemail campaigns, even though we’ve never heard of any legal difficulties with the technology. And although debt collectors, for example, pay millions in fines for other types of collection procedures - consolidate, or go out of business paying TCPA related fines - Ringless Voicemail still remains the only method of consumer contact that hasn't been to court.
Litigator Scrub has quickly turned out to be one of the most effective DNC TCPA safeguards to help companies stay compliant when calling cells. As the FCC continues to be murky with TCPA interpretations and has neglected to give guidance as these cases end up in court - phone marketers don't want to tangle with legal defenses if at all practicable. An excellent way to do that? Don't call the 90,000 previous professional litigators at all - 40% of whom have prosecuted several times following the laws. [Click Video]
