Call Centers everywhere are trying to keep up with the Do Not Call and TCPA Laws. And yet we keep hearing about more fines, more precedent setting class actions, more CFPB record setting audits for financial institutions, and now debt collectors. How often does a phone jockey need to go over this stuff anyway? Here are some hints you may have chinks in the armor that could come back to haunt you - and what to do about it.
Some call centers have quality assurance and performance metrics down - to the point where they never get complaints. It could be worth thousands of dollars to professional telemarketers, debt collectors and sales pros to find out why. It could even keep you from going out of business today. What secrets do these phone jockey Gods know that we don't? We think it's worth a look.
As an individual agent needing to call consumers, whether you’re in real estate, financial services, insurance or other professional endeavor, you'll need to identify or "scrub" numbers on Do Not Call Federal and State lists. You’re not alone in wondering, “How do I protect myself against these call laws easily and safely―and what if a consumer complains? And are there different rules for calling cell phones?”
You may have read about the recent Fourth Circuit Court of Appeals ruling highlighting that calls made to a residential line using an autodialer can violate the Telephone Consumer Protection Act (TCPA) if the residential line service charges for incoming calls. The calls to that number were made using an automated telephone dialing system (ATDS), a violation of the FCC's TCPA Compliance Laws. As you know, the statute prohibits “Making any call….using any ATDS or artificial or prerecorded voice… to any service for which the called party is charged for the call.”
Because the VoIP service charged for the calls, the TCPA definition was met, and a violations penalty of the act was triggered. Up to this point, statute violations have only been set off by cell phone calling procedures. What to do? -
Dialers, hosted dialers, and fulfillment houses have come a long way since the early days of Do-Not-Call Compliance. Rarely do you hear anymore, “Compliance? We’ve never had a problem before. Don’t worry about it. It’s a free Country, call where you want!” – like in the early days.
Still, dialer DNC / TCPA solutions vary wildly. From completely home grown internal solutions– to certified integration with a top DNC Compliance service provider.
Terrified to call cell phones? You’re not alone. Lots of companies have just stopped altogether. Scared to death of going out of business from fines. And rightfully so. But now there’s a way to safely voice broadcast. Most companies don’t know about it. That’s a good thing. Because if everyone used it, it might not be so wildly productive. It's called Ringless Voicemail.
Be careful who you entrust with your call compliance chores! Dino Tsibouris, Tsibouris & Associates, LLC, listed in The Best Lawyers in America in the area of Technology Law 2007-2011, answers questions about vendor compliance and how it can cost you through DNC & TCPA enforcement actions - and what you can do about it.
Talk about job security—or lack of it! Many compliance officers don’t seem to appreciate the precarious position in which their livelihood has been placed. You’re on the hot seat. Your safety, future, income, car payments—life as you know it—are at risk, along with your company’s future.
Aren't businss-to-business (B2B) wireless calls exempt from DNC and TCPA List Scrubbing?
As mobile technology advances, businesspeople are becoming increasingly unchained from their desks. More often than not, when a businessperson gives you his number, it’s a cell phone, rather than a landline.
For businesses that want to make sales calls to other businesses, you can never be sure if the numbers you have are wireless numbers or landlines. The reason that’s a problem now is that—as of Oct. 16, 2013— the Telephone Consumer Protection Act (TCPA) rule against calling cell phone numbers with automatic telephone dialing systems (ATDS) applies to business-to-business calls.
I just attended a webinar where 20% of the attendees were engaged in active TCPA Litigation. Boy did that get my attention. Speakers Nick Whisler from Mac Murray, Petersen & Shuster LLP; Geoff Mina, CEO and Founder, ConnectFirst; and Ryan Thurman from DNC.com offered up some critical compliance advice and tips—especially when put on the spot with unrehearsed real-world “we could go out of business over this” issues and answers. If you missed it, read on and re-visit with me…
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.