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.
According to top TCPA consumer lawyer Sergei Lemberg, Principal at Lemberg Law, call centers can substantially cut down on the chances of a TCPA suit with a few “respectful” precautions.
As a business owner, it’s your job to make sure your independent agents have as much freedom as possible to use the phone, reaching out to new and existing clients – but without endangering your company against the Do Not Call Laws.
Supervising these offsite workers can be a challenge. Are they following proper DNC number checking procedures before calling? Does my company have liability exposure here?
We get asked this a lot – and now may be the time to take a serious look at your traditional outgoing phone solicitation model, and confront that nagging question: "There must be some way NOT to follow the Do Not Call Laws, right?"
With the October 16th 2013 Cell Phone Calling update – cell phones are no longer consumer agnostic ie it doesn’t matter if the phone is for business or pleasure. You’re not supposed to call cells with any kind of auto assisted dialing system, including predictive dialers or pre-recorded messaging. But there may be other hidden risks too.
10 years after the birth of the original Do Not Call state and national lists, I still get calls from real estate agents, insurance professionals, financial advisors, and others asking some version of, “How does the Do Not Call list work?” and "What do I need to do to protect myself." So here's a primer on how to help yourself, and your company, when reaching out to solicit consumers and other businesses.
