That's our job. Scouring the universe to help prevent the biggest problem with compliance today: Multiple vendors running for the hills when call prohibition problems occur. Like before a hurricane here in Florida. Everyone is gone. Disappeared. The fine print comes out of the woodwork, “This is an ‘as-is’ service.” or “We make no representation for DNC or TCPA compliance.” But that’s not what their marketing materials said, was it?
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“The FCC recommends that callers check their call lists against available third-party databases of reassigned wireless numbers.” From the Controversial FCC Declaratory Ruling July 10, 2015 on TCPA regulations. The update continues: callers are responsible... “not for the intended recipient of a call, but for the current subscriber of the phone line at the time of the call." So even if you thought you had permissions handled, they might have changed. And with no definitive reassigned list to check, how do you comply? [Click Video]
Business Loan Factoring, the practice of advancing cash on the basis of accounts receivable, has grown 175% per year while bank loans have declined 3%. This has led to some aggressive Business to Business call solicitations by Internet Business Loan Companies. Consumer Factoring, buying annuities for cash based on fixed settlement payments, are already being hit by the TCPA. On July 21'st, 2015 Novation Capital, a structured settlement purchaser in West Palm Beach, Fl, had a class action brought against them for suspected violations. The Factoring Ethics blog featuring industry expert Sean Bentzen, Bentzen Financial says: “We are not at all surprised that a suit of this kind finally happened. We’re just surprised it took this long!”
"My List Broker says he scrubs for Do Not Call," says Marty Turville, President of Pure Water, LLC in North Carolina*. “But I don’t know about that. He never asked us for a SAN (National List Registration), and we don't scrub for cells. And I know we’re in one of the most challenging Do Not Call States.” Marty is right to be concerned. Without proper National and State Registrations, his compliance efforts probably won’t hold up in court. Worse, judges can take that as a sign you’re trying to circumvent the laws. Changing $500 non-intentional fines, into $1500 intentional fines. Per incident. And potential class actions in the millions.
So you’re not a calling expert. Maybe you just need to motivate a few voters to the election booth. Maybe you're just calling folks back. Or not quite sure of the difference between "informational" and "telemarketing" calls, or which one you're doing exactly. But you know proper compliance can make a difference in potential legal issues and fines. You know it makes sense to find call protections for your small phone team. But how can you limit compliance expenses and still get top DNC TCPA safeguards in place when making just a few calls?
Business to Business callers are having a hard time. They’re not used to complying with the Do Not Call and wireless TCPA Laws. “Hey, we call businesses so we’re exempt, right?” But this attitude makes easy pickings for cookie cutter law firms looking for quick money and class action certifications. Here are 4 essential protections for your General Council to check out as part of your B2B calling initiatives today. Who should read this? If you're helping businesses over the internet with website and related services, financial assistance like business factoring and internet financing, brokered lists to businesses, software sales - ya you!
If you don’t check for reassigned numbers on permission calls, it could get expensive. Abandoned landlines are picked up regularly by carriers and converted to wireless. Reassigned or “recycled” numbers are up 16% since 2007. “It’s increasingly common for individuals to get calls for the previous subscriber,” says the Wall Street Journal. Yet courts and the FCC have made it clear that businesses are responsible for calling the right person. The one that gave them permission to call in the first place. And predatory Attorneys continue to capitalize on mistakes in the millions of dollars.
Wow! – Is this list ripe for predatory consumer TCPA Attorney attacks or what? The FCC just published here the latest companies that have received consumer complaints. Why publish the list at all? Seems to harken back to the days of tar and feathering in the town square. Hanging folks up on the pillory with the shackles. But definitely a deterrent to running afoul of the DNC and TCPA laws! How the heck can we stay off this list?
You don’t hear much about em'. Alot of these cases settle out of court. Small business to business callers would never survive a drawn out class action anyway, and lawyers know it. But defenseless businesses calling other businesses still won't acknowledge the compliance danger. Humming along like they always have. Calling cells with auto-assistance. With pre-recorded messaging. Not registering for the DNC. Heck, not even identifying mobiles at all.
Most TCPA Class Actions, the ones that can put you out of business that is, include some sort of permission to call component. Permission is usually the catalyst to court where lesser charges can be tacked on. Former TCPA litigants trapping unsuspecting telemarketers are people you just don’t want engage. And although the reassigned number law applies to cells and landlines, recognizing and archiving wireless is the significant step here. All these components and more make up what are called permission-based marketing communications.
