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How do I know my Outbound Dialer Vendor is TCPA Compliant? (And should I believe them?)

[fa icon="calendar'] Feb 16, 2016 7:30:00 AM / by Bob Traylor posted in Call Center/Dialer Compliance, Lead Brokers TCPA Compliance, TCPA Compliant Leads, Dialers TCPA Compliance

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A cursory search under “TCPA Compliance Solutions” reveals that lawyer’s opinions are front and center. Connect First, for example, a top call center/ fulfillment house, hired my friend, Nick Whisler, from MacMurray, Peterson & Schuster to endorse their solutions page: “Connect First has taken significant steps to ensure the TCPA Safe Mode Solution is entirely segregated from equipment that is capable of auto-dialing telephone numbers. Calls made by customers using the TCPA Safe Mode Solution are not made using a different “mode” on a predictive dialer; rather, they are made by entirely different equipment."

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9 Reasons your Call Center Manager needs a Compliance Expert.

[fa icon="calendar'] Dec 15, 2015 7:30:00 AM / by Bob Traylor posted in Call Center/Dialer Compliance

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How many clients do you lose by saying, “We don’t do compliance” to your new or existing customers? Or, “Our customers are on their own when it comes to TCPA protections.” Or worse, “We’ve never had a DNC or TCPA issue.” And your clients should be confused! Even TCPA Lawyers don't know of any more DNC TCPA clarifications coming after the June 10th 2015 Declaratory Ruling cell update. And those rulings seem to be based on the atrocious non-compliant  “bad actors” actions – so what’s a law-abiding call center to do?

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Where can I get DNC, State, Cell, VoIP, Litigator and Reassigned Scrubs all in one place?

[fa icon="calendar'] Nov 24, 2015 7:30:00 AM / by Bob Traylor posted in B2C Compliance, Call Center/Dialer Compliance

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That's our job. Scouring the universe to help prevent the biggest problem with compliance today: Multiple vendors running for the hills when call prohibition problems occur. Like before a hurricane here in Florida. Everyone is gone. Disappeared. The fine print comes out of the woodwork, “This is an ‘as-is’ service.” or “We make no representation for DNC or TCPA compliance.” But that’s not what their marketing materials said, was it?

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Is Calling Cell Phones with an Automatic Telephone Dialing System TCPA Compliant?

[fa icon="calendar'] Jul 14, 2015 7:30:00 AM / by Bob Traylor posted in Call Center/Dialer Compliance, Cell Phone Scrub

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Even if your compliance procedures are technically correct, calling cell phones is a pretty big risk. In the eyes of the Consumer Financial Protection Bureau (CFPB), the consumer is generally always right—regarding the Telephone Consumer Protection Act (TCPA), anyway. So, if a consumer gets upset and complains to the CFPB about your cell phone calling practices—whether you feel you’re in the right or not—it could cause trouble for you and your business. And, with the recent FCC Declaratory Ruling definition of Automatic Telephone Dialing System vs Manual becoming even less clear, it appears call recipients (and their lawyers) have more ways than ever to sue telemarketers.

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The Guaranteed Do Not Call TCPA Compliance Scrubbing Solution

[fa icon="calendar'] Jun 18, 2015 7:30:00 AM / by Bob Traylor posted in B2C Compliance, Call Center/Dialer Compliance

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You’re never going to get a Do Not Call Law Compliance Service Provider to guarantee in writing against anything that could ever happen with the FTC, FCC, State AG, or in the courts. So what exactly is the advantage of working with a 3rd party then, and what type of compliance partner should you seek out? Let’s take a look.

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18 Components of a DNC TCPA Compliant Scrubbing Solution.

[fa icon="calendar'] Jun 9, 2015 7:30:00 AM / by Bob Traylor posted in B2B Compliance, B2C Compliance, Call Center/Dialer Compliance

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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.)

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How Much does a Do Not Call TCPA Compliance Vendor Cost?

[fa icon="calendar'] May 8, 2015 7:30:00 AM / by Bob Traylor posted in B2B Compliance, B2C Compliance, Call Center/Dialer Compliance

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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.

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FCC TCPA Regulations Advice - The 3 Biggest Do-Not-Call Law Complaints

[fa icon="calendar'] May 4, 2015 7:30:00 AM / by Bob Traylor posted in B2C Compliance, Call Center/Dialer Compliance

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The worst nightmare a Call Center Manager has is of a rogue or runaway cold calling associate—a bit short, a bit curt, a bit out of line when calling consumers. Fed-up with rejection all day long. Gone to the rest room to never return. Can’t remember when the last time a consumer actually told them the truth!

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Call Centers: DNC/TCPA Liability when calling on Behalf of a Client.

[fa icon="calendar'] Apr 28, 2015 9:30:00 AM / by Bob Traylor posted in B2C Compliance, Call Center/Dialer Compliance

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You’re real excited to bring this new business to your call center. But the whole Do-Not-Call TCPA regulations liability exposure thing is new to you. You’re selling Energy, or Satellite TV, or Granite & Glass table tops and you need to contact consumers. But this company, on whose behalf you’ll be calling, wants you to somehow certify you have complied with the DNC & TCPA Laws - without cell scrubbing, or a subscription authorization number, or express written consents to help protect you from compliance statutes.

You’re right to be concerned. There is generally a good (and expensive) reason companies will insist an outsourced vendor, marketer, or fulfillment house handle the Do Not Call Law registrations and compliance chores for them.

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Easy to Avoid Call Center DNC TCPA Risks

[fa icon="calendar'] Apr 27, 2015 7:30:00 AM / by Bob Traylor posted in B2B Compliance, B2C Compliance, Call Center/Dialer Compliance

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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.

 

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Bob's Missionbob_mission

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.

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