All professional callers know to scrub against the National Do Not Call Registry and State DNC lists. To identify and archive cell numbers before calling. (It’s the first question the CFPB, State AG’s, FTC, FCC and predatory attorneys are going to ask.) And we get the importance of vetting our method of calling depending on the number classifications involved.
It’s not easy being a political call center lately, especially after the FCC's 2012 Political Call Enforcement Advisory not to call cells. And you’re used to sub-penny voicebroadcasting budgets – and count on that for your rate structure. But political candidates have two questions for you this season: 1. Are your calls compliant? 2. How much do your calling campaigns cost? Ringless Voicemail prices have come down lately, and just might fit the bill on both counts – keeping you and your candidates happy – while getting some serious cell inventory penetration and lots of callbacks.
Everything’s coming up cells, and the latest phone data backs that up. 40% of the population claims to have a cell as their primary form of communication. When consumers call me to complain of abusive robocall or relentless marketing techniques, the first question is always: “Do you have a landline or cell?” If it’s a landline, I’m the bearer of bad news. Nobody cares who calls them. Even if they're on a National or State Registry. All the court money is in class action cell suits now.
You are probably familiar with the pioneering uses of Direct-To-Voicemail or “Ringless Voicemail” applications for debt collectors, student loan servicers, for-profit colleges and health care providers. Perfect marketing scenarios with an ongoing need to communicate, and an existing relationship. But how about timeshare resales – when it’s time to sell that unit after the buyer sobers up and realizes what they've done. A straight to voicemail message without ringing the phone can go a long way. Or the travel contest call – it’s a lot easier to get to a winner when you're not interrupting them. And when they call you back, they’re much less likely to complain to the Consumer Financial Protection Bureau!
How many clients do you lose by saying, “We don’t do compliance” to your new or existing customers? Or, “Our customers are on their own when it comes to TCPA protections.” Or worse, “We’ve never had a DNC or TCPA issue.” And your clients should be confused! Even TCPA Lawyers don't know of any more DNC TCPA clarifications coming after the June 10th 2015 Declaratory Ruling cell update. And those rulings seem to be based on the atrocious non-compliant “bad actors” actions – so what’s a law-abiding call center to do?
“I already know I’m out of compliance, so why bother?” Judges hate that. Most TCPA trials have one thing in common: The magistrate asking, “Can you show me any intent at all to comply with the call prohibitions.” A good start? Archiving and saving those cell records. Even if you're messing up on the critical method of calling. “My broker said he had this stuff handled,” is also not going to go well with zero intention to comply. You never even looked into registering with any National or State DNC lists. And we’re not even talking about the more advanced, “You’re responsible for reassigned numbers” on your permission based calls!"
The biggest problem with Ringless Voicemail isn’t price. And I like a deal as well as the next guy. But if you spend hours trying to get the thing to work, any price concessions don't mean diddly. It's not breakdowns. Because you only get charged for certified deliveries, and everything else is free. And ringless doesn’t upset people like voicebroadcasting - So if you try to get through to somebody and don’t, they’ll never even know. Not a problem.
“I need to start scrubbing cells now," says Jim Haltmzman, Operations Manager at Head Start Security, Newport RI, a home security provider*. “Our IT guy spends a few hours each weekend downloading the National and State DNC lists. It works pretty well except when we forget one, or a registration renewal slips through our fingers. And it can be tough to archive purchased leads because they just bounce back. If we get sued? Ahh, I'm not quite sure what would happen then... Should we consider just outsourcing everything? Are there additional compliance protections there?”
Many list brokers, lead providers and data suppliers on the internet claim to have the new TCPA Laws safely handled for their clients. What you need to know, how to do it, and be protected. Some of the advice seems a little ahh farfetched - and downright impractical. Many TCPA Lawyers are even confused, as they spar over the October 16th, 2013 TCPA cell updates on our Webinars. And now, after the FCC Declaratory Ruling in June, the consumer has even more call prohibition rights. The kind that can put you out of business if you aren't paying attention.
It seems Ringless Voicemail can’t make it to court. No matter how hard it tries. Millions of calls. Can’t even get a citation. No vexatious litigator will touch it. No consumer will file papers, no class action. No judge has even let Direct-to-Voicemail near their chamber doors. Yet some companies still aren't using it. Retailers like Walmart and financial institutions like Wells Fargo are setting new court fine records every day with their own calling techniques. Debt collectors have been taken to the cleaners over outrageous moral behavioral breakdowns. Threatening, cajoling, ruining people's lives. All with well known “sure to land you in court and lose” contact methods.
To help keep you out of trouble with out-of-control DNC & TCPA rules and professional consumer litigants wanting to squeeze every drop of money from your challenged coffers!
I also pick up the phone, so you can call my personal line directly at 561-317-3001 with any specific questions.