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Defenseless B2B's Continue to be Attacked by Vexatious TCPA Attorneys.

[fa icon="calendar"] Oct 22, 2015 7:30:00 AM / by Bob Traylor


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.

3 Reasons B2B's Should Scrub the National DNC

This video is for informational purposes. Be sure to consult your own attorney for questions specific to your business.

It doesn’t make sense for business to business callers NOT to protect themselves.

Why not register for the National DNC list? It’s free to you. Everyone else pays $17,000. And you don’t need those consumers anyway. They’re a waste of your time and money.  You are looking for actual businesses. And you won't have much fallout from your calling lists.

Cut down on cells, because they're not businesses. 

Again, cell owners retard your B2B selling efforts. You want landlines. Real professionals. Cells are either consumers or personal communication devices used by employees. A sure-fire red flag for complaints to the CFPB. And when government agencies come calling, their first question will be, "Where are your cell scrubs?" If you really want to call mobile numbers after all that, and they're not on the DNC list, you can always dial them by hand.

Take out landlines on the National List - Those are the companies that'll file suit.

National DNC List consumers and small to medium-sized corporations are saying, “I’m on the DNC list. Don’t call me. I am not buying anything anyway. And I’ve put a lot of time into this, so I know how, where and when to complain effectively to the CFPB, FTC, FCC, State AG’s – and hire a smart attorney to pursue you.” Who needs that headache? 

bigstock-The-money-hook-87512351Scrub for cells on the National List too. Those guys are the worst.

The third TCPA minefield. You’re all excited you’ve found some cells to actually call by hand. The team is set to unleash. But wait – has anyone run these cells by the National and State Lists? Uh oh – You're calling cells by hand, but if they're on the National or State DNC lists that's a big problem. And States, as a whole, have the second most call prohibition prosecutions today.

So let’s say you do all this. 

You're not only in a better compliance place - but a better marketing position as well.  Because you're keeping the sales team focused on real enterprise interactions, rather than piddly consumer pipe dreams. You’re looking for landlines that are NOT on the National List. Actual open-for-trade company numbers. Yes, real businesses that might actually buy. You're hand-dialing cell numbers – but NOT those cells on the National and State Lists. And NOT those cells in the 5 States that can’t be called at all.

You don't want to over suppress, or under suppress.

We see as much over suppression as under suppression. Over suppression is like stopping at a green light in your car. It’s dangerous. Not calling businesses back because they gave you a cell number costs you. “We take a very conservative approach here,” you say, “We never call cells at all under any circumstances.” That’s just as dumb as no scrubbing at all.

And you'll want to get a certified DNC Compliance Partner. 

Because anything you say in court will be challenged. Including your in-house scrubbing procedures. Your interpretations of the latest State and National law updates – and how you incorporate them into your calling systems. Does your ATDS qualify as a "pause and click to dial" manual system after the FCC’s “Future capacity” rule change?

But a Certified Do Not Call Law Compliance Partner is God talking. Their trusted recordkeeping and reputation represents the best industry compliance efforts. Something judges love. And providers are continually updating State scrubbing algorithms too. State mini-TCPA Laws are now the second largest suit category, and being aggressively pursued.

These attackers are just warming up.

Business callers are virtually defenseless against TCPA violations in 98% of cases. And it's still early in the game. Just wait till the Attorneys really get this down. When I explain to tech companies, or survey companies, or fast moving software companies at trade shows the importance of protecting themselves, they nod their heads yes. But never, ever do anything. Until my phone rings,

“Bob, remember you said I should identify numbers before I call? We’ll I have this demand letter from an Attorney. It looks like a cookie cutter message they send to a lot of businesses. They’re threatening class action. So that’s why I’m calling. Maybe it’s time to get protected?”


For more information on prudent Business to Business Calling protections while retaining your calling lists, call me at 561-317-3001. 

P.S. It’s important Business to Business callers have a competent TCPA Attorney on call today. To speak with before various campaigns on possible legal ramifications. Attorneys will insist you proceed as if you are going to be attacked - because you probably will be. Eventually. And you’ll need to have call records available in the time frame and format required to survive a safe harbor assessment, CFPB audit or smart consumer attorney challenge. 

What do you think? What am I missing? I welcome your comments below. 


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Topics: B2B Compliance

Bob Traylor

Written by Bob Traylor

My name is Bob Traylor. Myself, along with my industry friends and leaders, write every DNC Blog on this website personally. We’re not here to regurgitate the latest case law, or confuse, obfuscate, and paralyze. We’re here to help you ask the right DNC questions on your road to appropriate call protections. To point you in the right direction for a more trouble-free outreach calling experience.

And go ahead and sign-up to receive these blogs. You’ll find tips, tricks and secrets that will make a difference in your daily compliance initiatives – I guarantee it! - Enjoy!

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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.

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