You’ve been assigned the compliance chores for your company. The first thing you found out was the Government’s definition of a telemarketer, “Anyone that uses the phone!” That was a shock to your boss, who’s been ignoring compliance policies for years. Always solves problems in house. And cut his teeth on communicating anywhere and anytime he wants.
Your boss knows he needs someone to handle compliance—but not really. He needs a compliance officer so he can say to Federal and State agency compliance investigators he has somebody that handles that. So you’re discovering some long held company traditions on lack of compliance initiatives.
Watch: When it's time to get a DNC TCPA Consultant.
This video is for informational purposes. Be sure to consult your own attorney for questions specific to your business.
Here are 16 common Do-Not-Call Law compliance excuses you may be up against:
- We only take inbound calls – we’re exempt.
- We make business to business calls—we’re exempt.
- We don’t need to scrub cellphones.
- We pause our ATDS when a cell phone comes up.
- Our list broker handles compliance (I think).
- We don’t make outbound calls.
- We don’t need to register as a telemarketer.
- I went to a TCPA Webinar, and I’m totally confused.
- I’ll never be compliant anyway.
- Nobody in our group has had a problem so far, and I heard we’re exempt anyway.
- I think we have insurance against that DNC and Cell Scrubbing stuff.
- We’re moving too fast to be slowed down by compliance.
- If I comply fully with the Cell Scrubbing and Do Not Call Laws, I’ll go out of business!
- We just need a good list to call, and we’re O.K.
- None of our competitors do this compliance stuff.
- If it was really a problem, someone would have brought it up by now.
A bunch of really smart people in a board room are capable of making suicidal decisions when it comes to DNC compliance…
- Like stalling consumer complaints at the call center? The CFPB loves that.
- Like zero training for outbound operators on handling requests to send out your DNC Policy? An ultra-red flag for a smart rat trying to check-mate you.
- Like a cell owner peppering an unaware operator for class action ammunition after multiple calls. That’s something that can put you out of business.
So when your solving these issues internally, or have a vendor that has a friend that claims DNC compliance, or the vender is starting a new compliance scrubbing department just for you - They’re probably not doing you any favors when a problem occurs. After all, DNC compliance is a legal issue, not a data issue. And the laws are changing all the time. Heck, 5 States don’t allow even hand dialed cell calls at all now. And the predatory attorneys are aware of that!
Now, even tech companies calling other businesses from social media lists poisoned with cell numbers are at issue. After the October 16, 2013 ruling requiring written permission to call cells using any kind of auto-assisted dialing, a lot of unsuspecting businesses with no DNC policies, procedures, and enforcements are going to be shocked at the amount of private right of action cash changing hands.
The days of a DNC TCPA compliance slap on the wrist are over
It’s not just an inconvenience anymore. It’s actually not a prudent business decision to ignore properly protecting your company against potential sales outreach Do Not Call issues. The folks inquiring about your compliance procedures may not want to give you just a warning, like in the early days. Now, this compliance stuff can put you out of business. And it’s a pro-active gig. You can’t wait until something goes wrong. It’ll be too late.
So take these 16 common reasons for not being DNC / TCPA Compliance to heart when crafting your own calling initiatives.
And try to stay out of the board room!!!
Have challenges you'd like to share in creating your onw Do Not Call and TCPA Compliance initiatives? - Please contribute to your fellow man below - they'd appreciate it for sure! -