Telemarketing compliance (along with the various consumer privacy and protection acts that have been passed in recent years) has become a BIG deal. For example, in 2007, there were 3,423 individual and class-action lawsuits filed in Federal Court for alleged Telephone Consumer Protection Act (TCPA) and Fair Debt Collection Practices Act (FDCPA) violations. Only seven years later, in 2014, that number had tripled to 11,507 cases filed!
Times are changing in the telemarketing industry, specifically with the universal use of mobile phones. Coupled with the TCPA’s minimal requirements to demonstrate actual proof of consumer damages, and the rising tide of Do Not Call requirements, it is essential that you manage telemarketing compliance as thoroughly as possible.
Why Can’t You Call?
The National Do Not Call (DNC) registry was established in 2003. Its purpose was to allow consumers to have a choice in regards to receiving telemarketing calls. The guidelines that the DNC eventually drew were based on “the culmination of a comprehensive, three-year review of the Telemarketing Sales Rule, as well as the FTC’s extensive experience enforcing the Rule in the previous seven years.”
Additionally, the feedback of impacted businesses and other invested parties were incorporated into the DNC registry’s development. The Federal Trade Commission (FTC) held meetings, summits, consultations, and considered more than 64,000 public comments over three years of review.
The Price of Violating Telemarketing Compliance
When it comes to telemarketing compliance, it’s important that you are aware of the risks involved with failure to abide by established regulations. Once you realize the consequences, you understand the value of investing in the appropriate technology for your call center.
For example, according to the Federal Trade Commission, “…Violators (i.e. sellers who have not accessed the Do Not Call registry and paid the required fees prior to placing any telemarketing calls, even to numbers NOT on the registry) may be subject to fines of up to $41,484 per violation. Each call may be considered a separate violation.”
Can you imagine? A fine of $41,484 per call! Trust us, It’s not worth the risk.
Granted, for even those who are doing their best to operate within the established telemarketing compliance parameters, mistakes happen. Inadvertent mistakes may be forgiven the penalties and sanctions, only if its routine business practices meet all the requirements of the “safe harbor” that the 2015 Telemarketing Sales Rule (TSR) allows. To receive protection for these unintentional errors, the violation of the DNC rules must have been preceded by:
- Written procedures that abide by the requirements of the DNC policies
- Adequate training for all personnel regarding those written procedures
- Monitored enforcement of personnel to ensure compliance
- Accurately maintained company-specific DNC phone numbers
- Routinely documented “check-ups” with the national DNC registry no more than 31 days before calling any consumer
Leverage Technology for Telemarketing Compliance
As you work to support the success of your business, you may find that you’re starting to slip on maintaining your telemarketing compliance. If your agency handles a high volume of calling activity (or if you would like to be able to successfully do so!), consider utilizing an affordable technological solution to help you mitigate compliance risk and simplify management of your call center. Consider, Call Logic.
Call Logic provides Cloud-based solutions for power dialing to help you manage your regulatory compliance with consumer privacy guidelines. Some of these solutions include:
- Cross-checking and scrubbing Do Not Call phone numbers
- Providing call-audit trails
- Recording and monitoring calls
- Maintaining customer records
- Offering opt-out options
Don’t run the risk of falling out of compliance. For more information about TCPA and DNC compliant Call Logic software, schedule a FREE live demo or contact us, today!
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