Think you can buy your way out of mediocre compliance procedures? Calculate the maximum damage your unsolicited FAX's could cause and offer it up to the judge? The United States Supreme Court (SCOTUS) freshly ruled that an unaccepted proposal of resolution can no longer invalidate a proposed TCPA class action. This quiet landmark finding is sure to shake up traditional defense strategies heavily dependent on bailing out sloppy phone marketing clients via accepted settlements.
After SCOTUS, it's time to fix your errant call compliance systems.
Sending lots of FAXes? Texts? Comfortable riding the fringes of call prohibition interpretations? The SCOTUS decision is troublesome for companies relying on defense lawyers to just get them out of disputes. Businesses that know their everyday outreach procedures are legally problematic and won't hold up in court. "But if we followed all the call prohibition laws we'd go out of business," - Sound familiar?
Relying on the traditional strategy of just "making an offer" won't be enough now. A proactive security approach when reaching out appears to be an absolute must.
Call safety measures more important after SCOTUS.
The defense of TCPA class actions will be more challenging now. And preventative measures to steer clear of call class actions even more critical. Make sure to:
Talk to your General Council about the intricacies of the Telephone Consumer Protection Act and the Telemarketing Sales Rule (TSR).
Consider partnering with a third-party DNC/TCPA Solutions Provider.
- Attend trade shows and webinars that make call compliance a priority. (Which includes virtually all phone marketing and call center get-togethers today!)
Eliminate calling professional litigants in the first place.
Consider excluding former TCPA plaintiffs from your call campaigns with a Litigator Scrub. This will make class action involvement less likely for your company. The most dangerous plaintiffs have sued many times under the TCPA and are well known to the industry. Best not to tangle with them. Even if you are right.
After SCOTUS, you can't offer up a certified check to make them all go away anymore!
For more information on call protections for your business, just call my personal line at 561-317-3001 or email me here - Bob