Do Not Call protection FAQ

[fa icon="plus-square"] Are B2B marketers exempt from the Do-Not-Call List?

Even though several types of companies, financial services, etc. have exemptions from the TSR because of other regulatory bodies they are governed by, and all B2B marketers technically should be exempt from the National DNC list (except those selling non-durable office supplies), B2B marketers are still required to honor Federal DNC’s for small to medium sized businesses (home businesses), which is the reason B2B’s need to scrub against the National DNC. See: B2B Marketers should consider National DNC List Signup.

[fa icon="plus-square"] Are B2B callers in potential violation of State DNC “Mini-TCPA” Sales Rules?

Several States have additional Business-to-Business Do Not Call and TCPA restrictions that are being aggressively enforced, which is another reason to scrub DNC and cell phone numbers belonging to businesses. Keep in mind, businesses having put their landline and cells on any kind of Do-Not-Call list are not going to buy anything anyway, and are very likely to complain. See: Guide to State Telemarketing Licensing and Exemptions.

[fa icon="plus-square"] Can B2B companies register with the National Do-Not-Call List for Free?

You should qualify for B2B DNC exemption if you make exclusively B2B calls. When you register at the National Registry, check with your legal counselor to see if the business-to-business exception applies to your business. This would save you the $17,000 registration fee telemarketers pay each year to scrub against the National List.

[fa icon="plus-square"] Can B2Bs Call Cell Phones?

B2B's need to be careful when using auto assisted dialing to call cells from socially sourced media lists. It no longer matters if a cell is for consumer or business use as of October 2013. All marketers need express written permission to call when using any kind of auto-assisted dialing - which covers virtually 100% of Business-to-Business Calls. See: B2B Marketers must Scrub Cells Now.

[fa icon="plus-square"] Do only huge companies get fined under Do-Not-Call Laws?

Previous FTC feedback has shown several Do Not Call regulatory violation investigations were brought on by single telemarketer mistakes. Because new telemarketing laws are constantly changing with increasing penalties, it’s prudent for every company to be DNC compliant.

[fa icon="plus-square"] How do I know if I’m “Doing Telemarketing”?

If your calls are not purely informational in their purpose AND message – you’re probably telemarketing. Even if only part of your call is telemarketing, and part informational – you’re telemarketing, and subject to Do-Not-Call and TCPA regulation liability. As DNC violation penalties can be substantial, denial of these telemarketing risks is no excuse! See our 60 second video: How do I know if I'm doing telemarketing?

[fa icon="plus-square"] Can my Hosted Dialer Company handle call compliance for me?

Hosted predictive dialer solutions have come a long way since the early days of auto-dialer DNC compliance, growing along with call center management best practices. However, in working with your dialer company, keep in mind compliance vendor oversight is still your responsibility under the call prohibitions. See: Do-Not-Call TCPA Compliance for Dialers and Call Centers.

[fa icon="plus-square"] How do I know if my call center is TCPA Compliant?

Before taking the plunge with your dialer and/or call center, make sure you’re asking the right compliance questions.

Questions to ask:

1. Does the hosted dialer company have an in-house DNC solution, or are they contracted with a specialist?

2. Is the third party compliance provider certified to integrate with your systems?

3. How are DNC Policies, Procedures and Enforcements archived?

AND Remember: You are responsible for reasonable oversight on your contracted call center operations. See: Hosted Predictive Dialer Solution Tips to Avoid TCPA Violations.

[fa icon="plus-square"] How do I know when Do-Not-Call list rules apply to my company?

The Do-Not-Call list rules for telemarketers apply to anyone using the phone to solicit consumers, and more recntly to other businesses as well. Your DNC / TCPA regulation liability risks as a single phone marketer begin when you actually make the call, whether you have nailed down the components of call compliance or not! See:

[fa icon="plus-square"] Do I need a compliance staff to keep up with all these DNC & TCPA Laws?

Some large companies do just that! But competent third party compliance providers can also dispense valuable TCPA regulatory advice and help maintain call center industry compliance standards within your organization. In many cases, telephone sales rule compliance procedures are best left to the professional providers, as this is all they do, and they shouldn’t make mistakes. If your company is very big, a "preference management center" can help with enterprise wide consumer compliance. See: Preference Management through Enterprise-Wide Compliance.

[fa icon="plus-square"] What is my Call List Violation exposure when calling on behalf of someone else?

You’re allowed to make calls for another entity as long as they provide you with their National Registry Subscription Authorization Number. Many times this will be your client’s biggest expense, at $17,000 per year for all area codes, especially if they don’t qualify for exceptions like Business to Business or Existing Business Relationships. See: Calling on Behalf of Clients: TCPA Law Liability.

[fa icon="plus-square"] If you are just a single Agent making calls, are you safe without all the above DNC regulations?

DNC scrubbing for single insurance agents, real estate agents, mortgage broker and real estate agents fall under the same restrictions as large companies. Telemarketer DNC mistakes can be just as costly for you as it is for them, so keep this in mind when reviewing your TCPA risks. Fortunately easy-to-use single-user DNC scrubbing tools for daily use are available from us. See: Single-User DNC Quick Scrub for Independent Agents.

[fa icon="plus-square"] How do I protect multiple offices with remote agents against DNC/TCPA Violations?

With our easy and fast Quick Scrub number checking tool, multiple offices can scrub against individual or small groups of numbers (up to 100 at a time), as needed, instantly - even over your intranet. No technical experience necessary. This has become the gold standard for Individual and Multi-Agent Remote DNC Protection, backed by the top DNC Compliance Provider in the Country. The system can also be used for more robust calling lists that include names and addresses to help keep you compliant with DNC / TCPA rules. See: DNC Quick Check for Offices and Remote Agents.

[fa icon="plus-square"] Some States have banned cell calls altogether?

True. Five States: AZ, LA, NJ, TX and WY don't allow calls to cell phones, even on hand dialed calls. To help avoid Do-Not-Call list violations, it's important to include this component into your new telemarketing legal best practices. Both our Single and Multi-Agent Quick Check, and more expensive scrubbing solutions, include these prohibited numbers in their Scrubs. See: How to Scrub Cells in the 5 Wireless Do-Not-Call States.

[fa icon="plus-square"] How do I know if my Express Written Consent to Call is still valid?

The older your calling list, the greater the chance your express written consent to call is no longer valid. You’re responsible for checking these so called “Reassigned Numbers”, and must go through the process of right party verification before calling in order to stay compliant with the TCPA. Courts have indicated this type of “mobile scoring” is your responsibility as a telemarketer or hosted dialer company at the time of the call. See: Reassigned Numbers need Right Party Verification: TCPA

[fa icon="plus-square"] What is Ringless Voicemail?

A method of delivering a cell phone message directly to a voicemail server without ringing the phone and without charging the owner. This delivery method appears to get around the TCPA laws, and is used effectively by Debt Collectors, Student Loan Servicers and Financial Institutions. Ringless Direct-To-Voicemail is effective at creating callbacks and doesn’t cause consumer complaints. TCPA compliant voice broadcasting is a reality with these direct voicemail drops. See: Ringless Voicemail Broadcasting for Business

[fa icon="plus-square"] Can I use Ringless Voicemail for cold calling?

Ringless Voicemail for business wasn’t designed for cold calling, and most Direct-to-Voicemail providers will state that you are responsible for your client’s relationship before calling. Reputable straight to voicemail companies will not approve ringless voicemail for unsolicited calling.

[fa icon="plus-square"] Do I need to be concerned with calling consumer Voice over IP (VoIP) lines?

Consumer Voice Over Internet Protocol communications still represent a small number of the population. And VoIP lines where consumers pay for incoming calls are only a fraction of that at this time. However, there was one successful VoIP suit against a collection agency. Your DNC Compliance Service Provider should be able to provide a robust consumer VoIP scrub at your request. See: B2C Marketers need to Identify and Scrub VoIP Now.

[fa icon="plus-square"] How do I eliminate previous TCPA/FDCPA Litigants from my calling lists?

A previous litigant scrub is always a good idea when calling consumers. Although a small group of about 70,000, these professional plaintiffs and their attorneys can cause big problems for telemarketers, call centers, and businesses looking to reach out to consumers. This is a fairly new compliance practice not required by any law, but prudent in today’s business environment of class actions in the millions.

[fa icon="plus-square"] How do I get a list of Previous TCPA/FDCPA Litigants?

Your Certified Do-Not-Call Compliance Service Provider should be able to include a previous litigant scrub as part of your current scrubbing procedures under a single compliance umbrella. Again, these TCPA plaintiffs have their own websites, training and legal specialty help. And 40% of them have sued more than once. See: Reassigned Numbers need Right Party Verification: TCPA

[fa icon="plus-square"] What are the penalties for DNC list violations?

Federal penalties under the Do Not Call prohibitions are $16,000 per violation. The TCPA levies fines of $500. per violation, and $15,000 per violation showing intent. Class action TCPA and related suites can be in the millions of dollars. State fines are on the rise with various more stringent interpretations of the DNC & TCPA laws.

[fa icon="plus-square"] What is Mobile Scoring?

Mobile Scoring is another term for right party verification of reassigned cell phone numbers for owner accuracy. It’s used for permission based calling as a percentage chance that the person you are calling is the same person that gave you permission to call. As a phone marketer, you are responsible for making sure you’re calling the right person. The older your list, the more you need mobile scoring.

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