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.)
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.
Overwhelmed by the choices in Do Not Call law compliance companies on the internet? Everything from “Free Do Not Call Compliance” to “Download our software for a free trial and you can access the National Registry.” Maybe your listing supplier has offered to protect you from the DNC laws with an unregistered scrub. (Don’t fall for this one, as this is called a “courtesy scrub” and won’t hold up in a thorough safe harbor assessment inquiry from State and Federal Agencies.)
"I don't need to scrub the Do Not Call because - you know - I'm just doing B2B!" Christine Reilly, Partner and Cochair of the TCPA Compliance and Class Action Defense practice of Manatt Phelps and Phillips says she hears that alot from clients. Here she talks about the Do Not Call Laws and business-to-business (B2B) calling restrictions, and her informal conversations with the FTC on it.
If somebody tells you they’ll protect you without any registrations, walk away. The basis of compliance is always registration with the National List. It costs $59 per year, per area code and the first 5 codes are free. You must renew every year. Registration for the whole Country is $17,000. B2B and Established Business Relationship companies may qualify for an exemption to the fees. State registrations are separate. Note: state telemarketer licensing and exemptions, state DNC registrations, wireless portability lists, and other nuances are beyond the scope of this discussion. Make sure to consult your attorney before making any DNC / TCPA decisions.
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.
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.
