Business to Business callers continue to end up in court at an alarming rate. And it will probably get worse before it gets better - as they remain the least prepared group to tangle with seasoned predatory FCC TCPA Attorneys. Throw in all the tip-in traps and intentional banks of cell phones designed to lure unsuspecting marketers - along with express written consents that haven't been updated in years. And you've got a wing ding of a profitable party for litigators. [Click Video]
Litigator Scrub has quickly turned out to be one of the most effective DNC TCPA safeguards to help companies stay compliant when calling cells. As the FCC continues to be murky with TCPA interpretations and has neglected to give guidance as these cases end up in court - phone marketers don't want to tangle with legal defenses if at all practicable. An excellent way to do that? Don't call the 90,000 previous professional litigators at all - 40% of whom have prosecuted several times following the laws. [Click Video]
"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.
Aren't businss-to-business (B2B) wireless calls exempt from DNC and TCPA List Scrubbing?
As mobile technology advances, businesspeople are becoming increasingly unchained from their desks. More often than not, when a businessperson gives you his number, it’s a cell phone, rather than a landline.
For businesses that want to make sales calls to other businesses, you can never be sure if the numbers you have are wireless numbers or landlines. The reason that’s a problem now is that—as of Oct. 16, 2013— the Telephone Consumer Protection Act (TCPA) rule against calling cell phone numbers with automatic telephone dialing systems (ATDS) applies to business-to-business calls.
“The FCC recommends that callers check their call lists against available third-party databases of reassigned wireless numbers.” From the controversial TCPA Declaratory Ruling July 10th, 2015. [Click Video]