Ever wonder why it's so hard to find call protection as an individual agent making cold calls? Costs for individual protection have gone up five fold in the last few years. Compliance companies tell me the liability exposure on TCPA fines, the fastest growing group of call related expenses, is the same for individuals as it is or companies. So why should they take the risk for such a small payoff? IE: they don't want you.
Now that we've had a Class Action Real Estate Agent Lawsuit issued on June 1’st, 2016 in California, it might be a good time to re-visit the Real Estate Agent’s use of cell phones. Much like B2B companies, Real Estate Agents tend to think they're exempt from all Do-Not-Call and TCPA Laws. I’ve stood in front of ReMax Lawyers representing thousands of Agents – refusing to get even a company Subscription Authorization Number as required by the DNC National Registry. I’ve been at Real Estate Shows where associates swear they never use their phone. Yet they all have one. The fact is, Real Estate Agents are easy compliance targets.
If you’re making calls on your behalf, or as an outsourced vendor, you’ll need to protect yourself against the Do Not Call and TCPA Laws. Not only for your safety but to keep your employer from coming after you. If something goes wrong, your company’s Lawyer may want answers. He or she will definitely consider cutting off residual income you receive as an independent agent – as well as future financial commitments.
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).
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?
And that means you Mr. Real Estate, Life Insurance and Mortgage Broker that keeps telling me you don't use the phone. That you're not telemarketers. That you're exempt. That you don't understand! Your IT and technology directors are pretty good at creating number-checking tools that won't hold up in court. They're relatively easy to put together. You download all the DNC and TCPA related lists, and you’re off and running. Easy, right?
But not so fast. When the State AG, FTC, FCC, or CFPB shows up, that’s when you find out Do Not Call & TCPA Legislations are a Legal Issue: Are your number checking records available in the timeframe and format required; do they include cells, state lists, and company specific internal lists. If not, you're just fooling yourself.
As an individual agent needing to call consumers, whether you’re in real estate, financial services, insurance or other professional endeavor, you'll need to identify or "scrub" numbers on Do Not Call Federal and State lists. You’re not alone in wondering, “How do I protect myself against these call laws easily and safely―and what if a consumer complains? And are there different rules for calling cell phones?”
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.
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?
As an independent professional phone sales person, whether Real Estate, Insurance Agent, Financial or Mortgage broker – proper Do Not Call Law Compliance protections are a must today. Especially with additional State and Federal Cell restrictions coming into play. Here are some tips to help shore up your DNC / TCPA Compliance obligations before picking up the phone:
