“I need to start scrubbing cells now," says Jim Haltmzman, Operations Manager at Head Start Security, Newport RI, a home security provider*. “Our IT guy spends a few hours each weekend downloading the National and State DNC lists. It works pretty well except when we forget one, or a registration renewal slips through our fingers. And it can be tough to archive purchased leads because they just bounce back. If we get sued? Ahh, I'm not quite sure what would happen then... Should we consider just outsourcing everything? Are there additional compliance protections there?”
Many list brokers, lead providers and data suppliers on the internet claim to have the new TCPA Laws safely handled for their clients. What you need to know, how to do it, and be protected. Some of the advice seems a little ahh farfetched - and downright impractical. Many TCPA Lawyers are even confused, as they spar over the October 16th, 2013 TCPA cell updates on our Webinars. And now, after the FCC Declaratory Ruling in June, the consumer has even more call prohibition rights. The kind that can put you out of business if you aren't paying attention.
It seems Ringless Voicemail can’t make it to court. No matter how hard it tries. Millions of calls. Can’t even get a citation. No vexatious litigator will touch it. No consumer will file papers, no class action. No judge has even let Direct-to-Voicemail near their chamber doors. Yet some companies still aren't using it. Retailers like Walmart and financial institutions like Wells Fargo are setting new court fine records every day with their own calling techniques. Debt collectors have been taken to the cleaners over outrageous moral behavioral breakdowns. Threatening, cajoling, ruining people's lives. All with well known “sure to land you in court and lose” contact methods.
That's our job. Scouring the universe to help prevent the biggest problem with compliance today: Multiple vendors running for the hills when call prohibition problems occur. Like before a hurricane here in Florida. Everyone is gone. Disappeared. The fine print comes out of the woodwork, “This is an ‘as-is’ service.” or “We make no representation for DNC or TCPA compliance.” But that’s not what their marketing materials said, was it?
“The FCC recommends that callers check their call lists against available third-party databases of reassigned wireless numbers.” From the Controversial FCC Declaratory Ruling July 10, 2015 on TCPA regulations. The update continues: callers are responsible... “not for the intended recipient of a call, but for the current subscriber of the phone line at the time of the call." So even if you thought you had permissions handled, they might have changed. And with no definitive reassigned list to check, how do you comply? [Click Video]
Business Loan Factoring, the practice of advancing cash on the basis of accounts receivable, has grown 175% per year while bank loans have declined 3%. This has led to some aggressive Business to Business call solicitations by Internet Business Loan Companies. Consumer Factoring, buying annuities for cash based on fixed settlement payments, are already being hit by the TCPA. On July 21'st, 2015 Novation Capital, a structured settlement purchaser in West Palm Beach, Fl, had a class action brought against them for suspected violations. The Factoring Ethics blog featuring industry expert Sean Bentzen, Bentzen Financial says: “We are not at all surprised that a suit of this kind finally happened. We’re just surprised it took this long!”
"My List Broker says he scrubs for Do Not Call," says Marty Turville, President of Pure Water, LLC in North Carolina*. “But I don’t know about that. He never asked us for a SAN (National List Registration), and we don't scrub for cells. And I know we’re in one of the most challenging Do Not Call States.” Marty is right to be concerned. Without proper National and State Registrations, his compliance efforts probably won’t hold up in court. Worse, judges can take that as a sign you’re trying to circumvent the laws. Changing $500 non-intentional fines, into $1500 intentional fines. Per incident. And potential class actions in the millions.
The FCC recently confirmed: "that callers (must) check their call lists against available third-party databases of reassigned wireless numbers." Several of our readers have indicated they don't know what an "available third-party reassigned database" is - or where to find one. With only one major company providing this service and demanding huge upfront costs, we asked reassigned number expert and guest blogger Adam Drexler at Payfone to demystify the universe of Reassigned and "Recycled" number verification.
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?
Business to Business callers are having a hard time. They’re not used to complying with the Do Not Call and wireless TCPA Laws. “Hey, we call businesses so we’re exempt, right?” But this attitude makes easy pickings for cookie cutter law firms looking for quick money and class action certifications. Here are 4 essential protections for your General Council to check out as part of your B2B calling initiatives today. Who should read this? If you're helping businesses over the internet with website and related services, financial assistance like business factoring and internet financing, brokered lists to businesses, software sales - ya you!
