Even if your compliance procedures are technically correct, calling cell phones is a pretty big risk. In the eyes of the Consumer Financial Protection Bureau (CFPB), the consumer is generally always right—regarding the Telephone Consumer Protection Act (TCPA), anyway. So, if a consumer gets upset and complains to the CFPB about your cell phone calling practices—whether you feel you’re in the right or not—it could cause trouble for you and your business. And, with the recent FCC Declaratory Ruling definition of Automatic Telephone Dialing System vs Manual becoming even less clear, it appears call recipients (and their lawyers) have more ways than ever to sue telemarketers.
I get a lot of calls asking this. “Bob, how do I get ahold of the DNC?” or “I’m all set with the National list, but how do I get ahold of all the State DNC lists?”
But what they really want to know is, “As a telemarketing professional, how do I stay compliant with the various Do Not Call Lists – and Laws!”
Recently, a major political robocall company said (in response to their FCC citation for violating cell phone calling prohibitions), “We are simply a service provider. We inform our customers about the (political cell phone) laws, but we cannot possibly police all of them.” Not surprisingly, that didn’t go over well. As the 2016 political calling season nears, let's take a fresh look.
You’re never going to get a Do Not Call Law Compliance Service Provider to guarantee in writing against anything that could ever happen with the FTC, FCC, State AG, or in the courts. So what exactly is the advantage of working with a 3rd party then, and what type of compliance partner should you seek out? Let’s take a look.
Years ago, when a customer said they weren’t going to buy, we as salespeople would continue talking. It was considered an objection. Something to be overcome. “Based on the information I’ve given you so far, you see no reason to buy my product, so I need to tell you more.” Now, inappropriate handling of requests not to be called can put you out of business.
Why do large companies cast their agents into the sea of Do Not Call compliance with nothing but a wish and a prayer? No National Registration. No expertise. And make them promise to protect themselves against the Do Not Call Laws?
So your company has assigned you to research Do Not Call and TCPA compliance Scrubbing. What? Your first thought is: How the heck am I going to keep the technical people happy? But your IT guy or girl may not even know the right questions to ask. Worse, they may have been handling DNC in-house all along and think they know what they are doing. (But you know the company isn’t prepared actually for a CFPB/TCPA audit or class action suit. You’re clear your job would be one of the first to go in such a scenario.)
If you’re a debt collector struggling with reaching out to cell phones, a financial institution wondering how to reach folks about their credit card debt, a medical collector, or student loan servicer, you know how problematic it can be to safely call cell phones. Ringless Voicemail allows you to directly deliver a message to a cell voicemail platform without charging or interrupting the wireless owner. In fact, it never touches the wireless network at all!
As you know, small businesses and “grey area” business-consumers are becoming more educated and sensitive to incoming cell communications, solicitations, and updates—especially when generated through Automatic Telephone Dialing Systems. Many times, it’s not worth the risk or hassle of potential litigation in defending these potential class action cell phone suits.
So you have a robust Do Not Call Compliance solution in place, but you’re tired of doing all the heavy lifting: separately downloading the various required lists daily, or as they are released throughout the year; staying on top of the National, State, Wireless, Company Specific and in house requirements; keeping up with all the changing State and National algorithms these lists must be run through to ensure Compliance—and downloading each to a central data repository; and, hoping key data employees haven’t missed anything. That is a lot of heavy lifting, not to mention the 100% liability exposure.
