If you’re in the debt collection game, you’ve watched as your competitors slowly consolidate or go out of business altogether. You’ve seen Capitol One’s outsourced collectors get hit with a 75 million dollar suit for lack of Express Consent. You’ve witnessed the CFPB’s initial request when auditing your competitors: “Where are your cell phone records.” And maybe you know first-hand how previous TCPA, FDCPA, FCPA and CFPB complainants are one big happy family – in a kind of crazy way. Not to mention the class action penalties for calling the wrong person, now called "Reassigned Numbers Scrubs."
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It happened again to JP Morgan Chase. Another bank with reassigned number problems. Although they had Express Consent from their customers to call Chase deposit accounts, several of the parties reached were different from those Chase had permission to call – because the wireless numbers had been reissued to new owners. One new owner said she received over 50 calls from after purchasing a new cell phone and number.
“I run an insurance agency. If I can’t get a ringless voicemail provider to certify this is legal, then I can’t use it.” A valid consideration in the midst of internet pronouncements proclaiming Ringless "completely legal." But when you sign up to use Ringless as a marketing tool, it seems providers aren't willing to take responsibility should something go wrong: “Our ringless system provides ‘as is' service. We’ll do everything we can to comply with applicable laws, but if there is a problem, you’re on your own.” Further, isn't voicemail regulated outside the TCPA as an Enhanced Information Service?
Too big to fail, right? Pro TCPA prosecutors wouldn’t dare mess with you. It’s just another lawsuit. Pick a number. But what if those pesky troublemakers could be avoided altogether? Oh, I’m not saying some lawsuit professionals wouldn’t still slip through. Heck, pre-litigation demands are up big time, and some might not be included in Litigator Scrub. But seriously, can you justify call campaigns to existing customers and prospects without nixing the top consumer call law claimants and Attorneys before calling? After that, it's too late.
You may have seen the testimony of Snapping Shoals Electrical Cooperative in front of the House Committee TCPA meeting last week. Snapping was named in a reassigned number lawsuit over pay-as-you-go billing confirmations through automatically generated cell calls and text messages. Apparently, several non-profit Electrical Cooperatives offer similar billing conveniences, allowing customers to make small $5 to $10 deposits. So LOTS of illegal calls can be generated to clients in a very short period here if the number has changed. In the case of Snapping Shoals, over 500 illegal reassigned number calls.
"It's just the financial institutions and debt collectors that are being fined, right?" Seems a short while ago that was true. HSBC’s $40 million dollar TCPA settlement was the record high. But yesterday, four-year negotiations on the largest Telephone Consumer Protection Act settlement ever - a $76 million dollar fund set up by Caribbean Cruise, Berkley Group and Vacation Ownership - came to fruition. "Answer some political questions and be eligible for a free cruise," is way too close to home for a lot of legitimate company messages. On the heels of the $30 mil Wells Fargo TCPA suit, and the $75 mil Capital One deal – it looks like the days of multimillion-dollar awards have new life - and the days of putting off compliance are over.
The internet is alive with turn-key offers to increase car dealership sales through Ringless Voicemail Drops! Citing the high cost of mailing consumers – and low cost of directly delivering messages to a voicemail associated with a cell phone – without touching the wireless network. Ringless providers continue to specialize in market niches to expand the technology. But is this safe for auto marketing companies, car dealerships and stores across the Country?
You’re already contracted with a top Do Not Call TCPA Compliance provider for services, right? And they have done a fantastic job. You shouldn't need any help in flagging down previous TCPA court filers after that, right? And professional consumer litigants buy blocks of throw away cell phones anyway, waiting for messages undetectable by Litigator Scrub. Recently, a lady even confessed to the judge she keeps a “shoebox of phones and waits for companies to call and leave voicemails.” It’s her job she says. So litigator scrub wouldn’t help with those either.
“Please excuse the call. I have the wrong number. You’re definitely not the person that gave our company permission to call.” Seems like a simple thing, right? Not so fast. As a company serious about keeping up with customer permissions, you need to know about Reassigned Numbers. You may be surprised to learn that transferred cell numbers to new owners are your responsibility. About 20% of owners change each year. And as your call volumes go up – the chances of making a mistake go up too. And can cause you a world of financial hurt.
As a business to business company owner, you may not know it, but reliable squeaky clean DNC/TCPA compliance solutions are more important than ever. Things like: Cell Scrubbing through a certified provider; a way not to call previous TCPA filers; and registration for the National Do Not Call list. All can be done inexpensively and without much number fallout. Relentless predatory Attorneys will still want to challenge your call prohibition protections, whatever you do. Because you're B2B, and most likely haven't prepared anything to shield yourself against the Telephone Consumer Protection Act. You're a magnet now for TCPA legal teams, whether you like it or not.
