Wouldn’t it be nice if you could get a National Do Not Call List Registration for Free. That lasted forever. And saved you $17,000 a year. And because most of the list is consumer lines, you wouldn't miss em'. And if they were businesses, putting their numbers on the National Registry is a pretty solid indication they're not going to buy anything anyway. And they'll be more inclined to complain to the Consumer Financial Protection Bureau and others.
All professional callers know to scrub against the National Do Not Call Registry and State DNC lists. To identify and archive cell numbers before calling. (It’s the first question the CFPB, State AG’s, FTC, FCC and predatory attorneys are going to ask.) And we get the importance of vetting our method of calling depending on the number classifications involved.
“I already know I’m out of compliance, so why bother?” Judges hate that. Most TCPA trials have one thing in common: The magistrate asking, “Can you show me any intent at all to comply with the call prohibitions.” A good start? Archiving and saving those cell records. Even if you're messing up on the critical method of calling. “My broker said he had this stuff handled,” is also not going to go well with zero intention to comply. You never even looked into registering with any National or State DNC lists. And we’re not even talking about the more advanced, “You’re responsible for reassigned numbers” on your permission based 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!
You don’t hear much about em'. Alot of these cases settle out of court. Small business to business callers would never survive a drawn out class action anyway, and lawyers know it. But defenseless businesses calling other businesses still won't acknowledge the compliance danger. Humming along like they always have. Calling cells with auto-assistance. With pre-recorded messaging. Not registering for the DNC. Heck, not even identifying mobiles at all.
It’s bound to happen. Sooner or later, calling from social media sourced lists with their many cell phone numbers will cause a TCPA violation, maybe even a class action. Probably when you least expect it. But most business to business tech and software salespeople don’t think so. They need to call those cells. And the ones on the Do Not Call Lists. The ones the TCPA says you can’t dial with any automated assistance (which covers virtually 100% of B2B calls).
If you’re making B2B calls, at least scrub for former TCPA Litigants. One of our clients scrubbed 13,000 numbers against our Previous Litigator list last week and got 35 hits. 35 pros you wouldn’t want to call. What are these guys doing on Business to Business calling lists anyway? Seems lots of cells are being picked up as business lines from social media sources lately. Data Compilers have access to previously hidden mobile numbers at Linked-In and Twitter and include them in company searches.
Business to Business callers have it wrong. They think by identifying and archiving cells they’ll go broke. Out of business. First, you can call cells - if you do it by hand and those numbers are not on the National or State Do Not Call Lists. Second, it's important to identify wireless numbers. It'll be tough to defend your wireless calling procedures against the CFPB, FTC, FCC, State AG’s and smart litigants if you don’t know which numbers are mobile. Not to mention B2B TCPA litigation is on the rise!
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.
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!”
