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?
The 3 Keys to DNC & TCPA Compliance - Click Video
This video is for informational purposes. Be sure to consult your attorney for questions specific to your business.
The 5 DNC TCPA Calls that can Hurt You.
Previous Litigators. The folks that have already sued under the TCPA. See our page: "Previous DNC TCPA Litigant Scrub."
Cell Phone numbers. Most DNC and TCPA litigations involve cells now. If the cell phone is not on a State or National DNC list, then you can call it via hand dialing. Unless it’s in one of the 5 States that don’t allow cell calling at all! See our blog: "How to Scrub Cells in the 5 Wireless Do Not Call States."
Cells on a National or State Do Not Call List. These are the folks most likely to complain. You’ve violated two rules by calling them without consent. First, the National DNC list. Second, because it’s a cell phone, you’d have to dial it by hand as per the October 16th, 2013 FCC cell update.
Consumer VoIP Lines: A small but growing number of consumers have VoIP lines that charge by the minute for incoming calls. We've had one successful case. VoIP scrubs are not expensive and can easily be added to your compliance procedures. See out page, VoIP Scrubbing
Landlines onNational or State Do Not Call Lists. Although not prosecuted as aggressively as in the early days of DNC, you're not supposed to cold call these lines.
“So I need compliance protection because FCC prohibitions are so unclear?”
Exactly. Sometimes businesses tell me these laws are so convoluted they could never be compliant, so why even try. They’ve got it backward. Because restrictions are intricate and subject to changing judicial interpretations, they need ongoing compliance help. Hey, don’t feel bad, even the lawyers are arguing during our DNC and TCPA Webinars. After the June 10th 2015 FCC Declaratory Ruling Update to supposedly clarify the TCPA, even the experts are all mixed up with "present vs. future ATDS capacity" issues on down. (The latest rulings actually made it harder to determine what’s a legal call and what’s not. Super if you’re a cell owner looking to sue though!)
In the old days, mistakes were a legal slap on the wrist. Now they could put you out of business.
"But Bob, we're just going to make a few calls, so why bother with this DNC Protection stuff?"
That’s not how it works. It's a proactive gig. You can’t say to a regulator or smart litigator, “We are just starting out. We didn’t know. We’re small. We promise not to do it again. We don’t have any money.”
That's not going to go well!
Please note: These are general informational references for small companies making a few calls. They will contain incompletions and inaccuracies on the latest call prohibitions. For your particular situation, please call my personal line at 561-317-3001 - Bob.