“The FCC recommends that callers check their call lists against available third-party databases of reassigned wireless numbers.” From the controversial TCPA Declaratory Ruling July 10th, 2015. [Click Video]
If your business is making outbound sales calls, you'll want to "scrub" cell phones. (The process of identifying and archiving cell records on your calling lists.) The Telephone Consumer Protection Act (TCPA) Cell Update changed the law on October 16th, 2013 when all cellphones, both business and consumer, were put under the "must have written permission when using auto-assisted dialing to call" rule. More and more American consumers are leaving their landlines behind in favor of a cell phone-only lifestyle, so the concept of the cell phone as “personal space” remains strong.
To the point where consumers react much more negatively to telemarketing calls to their cell phones than they ever did to calls to their landlines. And, these same consumers are becoming educated. If they feel their lives have been disrupted by businesses calling their cell phones, consumers will complain.
Believe it or not, we still get calls every day from both captive and independent insurance agents and their offices wondering how the Do Not Call Laws apply to them, how to protect themselves, and what happens if something goes wrong.
Setting yourself up for needless TCPA lawsuits? Join the club. Many companies aren't properly identifying previous litigants, and getting hit with class actions for millions. That's big time money. Luckily, there's a way to still call your good prospects, without compromising your calling lists.
If you're a Debt Collector looking to increase cell phone penetration - you know TCPA compliance fines can put you out of business. Reaching out and interrupting consumers with your call can cause complaints. And big money. And live associate calling is expensive. But Direct-to-Voicemail Ringless Broadcasting sends one voicemail to thousands of consumers quickly - without ringing the phone and without charging for the call - and without causing complaints!
And straight to voicemail enterprise technology carries TCPA, FDCPA and FCRA compliance a step further - by never touching the wireless network at all! Here's what you need to know.
Are you setting yourself up for Do-Not-Call and Telephone Consumer Protection Act (TCPA) lawsuits?
So you have your compliance policies, procedures and enforcements in place. Your team is making calls. But where is the most exposure to DNC and TCPA suits? – As a company letting call centers and fulfilment houses call on your behalf, you’re responsible for vendor oversight – but what do you even look for there?These are the groups that are most likely to sue you:
In addition to the state DNC rules and lists, many states have local telemarketer licenses and bonds. Because there are so many exemptions in telemarketing licensing—it’s worth looking into to see if you qualify for a few. Telemarketing Defense Attorney Eric Allen tells us more...
Telemarketing Defense Attorney Eric Allen, Allen Legal Services, PLLC is one of the top experts on defending telemarketers against consumer lawsuits and government investigations/fines. Eric talks about what you need to know regarding Caller ID and the Truth in Caller ID Act when reaching out through your call center, dialer vendor or fulfillment house to consumers and other businesses.
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.
Here are 9 reasons your company may not care about the Do Not Call TCPA Laws (Even though they should). Some lawyers have flat out told me, “My clients just wait until they have a compliance problem, then call me. They’re making too much money without Do-Not-Call compliance help.”
Although this is becoming a more and more dangerous “business as usual” mantra, it amazes me how many companies follow it. One industry executive said he’s the only one of his trade group to comply with the Do Not Call laws.
