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FCC TCPA Regulations Advice - The 3 Biggest Do-Not-Call Law Complaints

[fa icon="calendar"] May 4, 2015 7:30:00 AM / by Bob Traylor


The worst nightmare a Call Center Manager has is of a rogue or runaway cold calling associate—a bit short, a bit curt, a bit out of line when calling consumers. Fed-up with rejection all day long. Gone to the rest room to never return. Can’t remember when the last time a consumer actually told them the truth!


3 Causes of Most Do-Not-Call Complaints - video

This video is for informational purposes. Be sure to consult your own attorney for questions specific to your business. (Special thanks to Christine Reilly for the content in this video - Partner and Cochair of the TCPA Compliance and Class Action Defense practice of Manatt Phelps and Phillips)


As Tom Hopkins, the famous sales trainer said, “Did our parents tell us No because they loved us, or because they hated us?” Well, they loved us of course. But that may not help absorb hearing the knee jerk, without thinking, constant consumer reactions of some form of NO!—all day long. 

So we need some re-programing, some re-interpreting with a bit of empathy to help cut down on consumer complaints. Find out what the customer wants, and re-frame our product or service to help fill those needs.


Here are 5 tips to use in training  your Telemarketers to stay DNC / TCPA Compliant


1: Have a “be of service” attitude.

Don’t say, “Well Mr. Prospect we’re exempt from the Do Not Call Laws, so we can call you anytime we like,” when a consumer asks not to be called. Debt Collectors did this for years, and have garnered a hatred that manifests itself in class action lawsuits to this day. Upset and confused consumers make complaints to State and Federal authorities. Complaints lead to being sued by these Government and State agencies. The TCPA regulations are very specific on this. (See our blog: "Why Some Call Centers Never Get Complaints.")


2: If a consumer is not on a Do Not Call List and asks not to be called anymore, you can’t call them again.

Consumers don’t have to say, “Please put me on your company-specific do not call list.” They don’t have to use these exact words. A lot of companies think when the consumer says no, it’s just a buying objection. So when you hear some sort of “don’t call me again” response, you have to put them on your company-specific DNC list. And remember your “be of service” attitude! (See our blog: "10 Call Center Compliance Mistakes Easily Avoided.")


3: Train your people to use common sense and courtesy when speaking with consumers. Be respectful. A phone call is a request to communicate.

With or without the do not call laws, a consumer doesn’t owe you their communication inherently. So thank the consumer. Disgruntled, upset, and dissatisfied consumers breed complaints. As you would in any sales presentation, make the consumer love you. simple apology goes a long way too! (See our blog: "90% of TCPA Lawsuits preventable by simple apology.")


4: If the consumer asks you a question, answer the question.

Don’t just sit there like a robot and keep reading from your script. People buy from people—they don’t buy from robots. “So what do YOU think of the product you’re talking about?” Don’t just read on to the next bullet point on your list. If you don’t have any personal experience with the product, tell the consumer that. Your words go in one ear and out the other anyway, but third party is gospel: “But people that have used this product can’t seem to get enough of it. They tell me it’s because it does x, y, and z better and faster than others.”


5. Treat the customer as you would want to be treated, and they probably won’t complain. They probably won’t turn you in – but protect yourself!

As your people master the “be of service” attitude and understand that the phone call is a request to communicate, continue acknowledging the consumer for their gift of timeBUT PROTECT YOURSELF. You’re dealing with the public here. You haven’t the faintest idea what they are going to do regarding compliance complaints. Scrub numbers BEFORE you call. Have a DNC system to check numbers from the most knowledgeable do not call law compliance specialist you can find. You'll be glad you did!


With proper DNC compliance procedures in place, now, you can leave em’ happy! If the consumer says, “I’m on the Do Not Call List! Why are you calling me?” – You no longer have to panic, and slam bang hang up the phone – that’s asking for a complaint.

Say, “We take the Do Not Call laws seriously, sir. Based on your objection, I will put you on our company-specific in-house list to ensure you don’t get called again. And you might want to double check with the national and state registries, as we do check against those lists before each call.”


And you’re off and selling again!

DNC Compliance Guide

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Topics: B2C Compliance, Call Center/Dialer 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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Bob's Missionbob_mission

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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