Overwhelmed by the choices in Do Not Call law compliance companies on the internet? Everything from “Free Do Not Call Compliance” to “Download our software for a free trial and you can access the National Registry.” Maybe your listing supplier has offered to protect you from the DNC laws with an unregistered scrub. (Don’t fall for this one, as this is called a “courtesy scrub” and won’t hold up in a thorough safe harbor assessment inquiry from State and Federal Agencies.)
How to Choose a Do-Not-Call Compliance Vendor
This video is for informational purposes. Be sure to consult your own attorney for questions specific to your business.
Here are 7 Important Answers when Choosing a Do Not Call Law Compliance Service Provider
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Register with the National Do Not Call Registry Without this, nothing else matters. It varies from free for five area codes or less, to $17,000 per year.
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See if you qualify for exemptions on your National Registration. For example, if you’re only making business-to-business calls you might qualify. (See our blog: "Business to Business (B2B) Do Not Call Compliance Tips.") Maybe established business relationship will get you in. There are 6 categories in all.
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Have a Do-Not-Call Policy. This can be a two edged sword. If you don’t have one before soliciting consumers, it’s too late. If you go out and get one after you have a problem with a consumer, you couldn’t have been following it.
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Work with a major player. Only a few DNC Compliance companies are big enough and have the experience to have State AG’s walk away from inquiries and look for easier pickings.
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Take a close look at State DNC List Registrations and Exemptions. Overall, states are defaulting to the National List, but Congress has mandated that State DNC Laws override Federal. A top DNC Company’s scrubbing algorithms will take this into account. And State Cell laws are becoming more restrictive.
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Find a company that can grow with you. As you gather consumer and business information to share among your various company branches, are you allowed to upsell these consumers without getting into trouble? Can your compliance company advise you ongoingly on marketing’s new ideas in cold calling consumers?
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Make sure your DNC company has the handful of additional requirements to insure safe harbor survival. This includes: a Company-specific internal DNC list, Do-Not-Call Policy, and capacity to Certify and Save all campaigns in the format and time frame State and Federal institutions will require should a problem occur. (See our page: "Do Not Call List Scrubbing.")
I get so many calls from business owners struggling with answers they’ve received on DNC: “Does this sound right to you Bob? They’ve never had a problem with their dialers so it’s O.K. not to scrub?” or “My listing company just supplies everything, I didn’t even have to register with any national or state lists!”
As you speak with potential Do Not Call Law Partners, ask yourself the usual questions you would with any supplier—and trust your gut with the answers—ask yourself: “Do I like and trust these folks? Can I make changes to our agreement as we go? Can they give me an exact price so I know how much to budget for this stuff, are they known in the industry as a top player? Are they known as fun to work with in their industry?”
In summary:
It’s easy to make a good looking DNC Compliance scrubbing interface. Unfortunately, you won’t find out who your friends really are until after you’ve received a demand letter from a State AG asking you to respond in 30 days to one or more complaints. That’s when your DNC partner will be happy to point out any “You’re on your own if we have a problem” fine print. It’s also when your up-front proactive diligence can really pay off!
For specific questions on your business DNC procedures and safeguards – Just call my personal line at 561-317-3001 -
Related Article:
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Litigator Scrub Critical to TCPA Compliance after FCC Declaratory Ruling
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Reassigned Numbers must be Right Party Verified on Permission-based calls: TCPA