Is it a reassigned number issue - or a cell scrub problem - or an express written consent failure? asks the call center manager at a major marketing company. The potential violations are so closely related, who's to say where one ends and the other begins? When problems occur, individual vendors tend to scatter. Vendors specializing in data procurement, call fulfillment, dialer chores - trying to help with compliance, but not specializing in TCPA. In a compliance emergency, defense lawyers are busy tracking down responsible partners for promised call protections, while prosecutors continue to shake the money tree to see what falls out. A single compliance provider of record makes it easier to track down and solve these issues when challenged.
The Problem with multiple compliance providers.
If you don't separately identify cells, how can you claim to call with a separate wireless calling procedure? And if you don't have provable express consent for your collections, reassigned number checks are moot - because you don't have permission to call in the first place. Throw in express written consent validation for solicitation calls - all through different vendors - and you've got a potential compliance mess should things blow up.
TCPA many times doesn't make sense.
Many of these laws were made on the fly, as evidenced by the FCC's 2015 Declaratory Ruling. That is, they were made in response to previous TCPA law shortcomings. Especially reassigned numbers. How could your business be responsible for a cell number change after you got permission to call? But given there's no cheese down that tunnel for the FCC, what else could they say? Of course, it's the businesses responsibility.
Think the consumer cares? In fact, the consumer can do anything they like, including lie to a caller, and win in court.
We don't know how Judges will rule.
It's pretty much whatever they want. Express written consent proof? The FCC has never defined it. What's required? Make it up. Whatever seems reasonable. Whatever previous case law you choose to site. Consent problems continue to be the number one issue with TCPA defense attorney's asking, "Where exactly did that lead come from?" See: Express Consent Video Proof.
A Single DNC/TCPA Law Compliance Service Provider of Record makes it easy.
Having one Do Not Call TCPA provider with a perfect track record for all your call prohibition compliance services makes sense. That way, separate vendors can't run for the hills. Your lawyer has one contact. Predatory attorneys will look at your company and move on - knowing no money has ever successfully changed hands over compliance guffaws.
Work with a compliance company that knows the FTC, FCC, CFPB and prosecutors and communicates with them on a regular basis. A company that "Specializes in TCPA compliance. This is all they do. And they don't make mistakes" says Eric Allen, top TCPA defense lawyer.
Why just one TCPA compliance provider again?
Because we want the attorneys to take a look at the call protection company you're working with and walk away. Move on. Because there's no money for them.
And we don't want to legally engage. Because we don't know exactly how the courts will decide. Even if we know we're right.
For more information on a single DNC/TCPA Law Compliance Provider of Record, call my personal line at 561-317-3001 or email me here.
Related Articles:
