TCPA and DNC Compliance Practices: How to avoid serial litigator traps
When it comes to dialing in the USA there are a lot of rules and regulations. Even for the most experienced call centers, remembering and understanding all of these can be difficult. The consequences of not following this regulation can expose you and your call center to severe financial sanctions. In this blog, we will provide you with tips to ensure that your call center is practicing TCPA and DNC compliance. We will also ensure you have the tools to be protected from litigators.
Disclaimer: Please note this Is Not Legal Advice
When it comes to telemarketing these are the three main regulations that must be followed:
- State Regulations
TCPA: Telephone Consumer Protection Act of 1991
The TCPA, or the Telephone Consumer Protection Act, is a federal law in the United States enacted in 1991 to protect consumers from unwanted telemarketing calls and texts. The TCPA limits the use of automated dialing systems, prerecorded voice messages, and text messages to contact consumers. It also gives consumers the right to opt out of these marketing methods.
Under the TCPA, it is generally illegal for telemarketers and other organizations to use automated dialing systems to make calls or send texts to cellular phones without prior express consent. The TCPA also requires that telemarketers honor requests from consumers to be placed on a “do not call” list. In addition, the TCPA imposes strict limits on the use of prerecorded voice messages. telemarketers are also required to provide certain information, like their name and the name of the company they represent, at the beginning of each call.
The TCPA applies to both landline and cellular phone numbers. It is also enforced by the Federal Communications Commission (FCC) in the United States. Violations of the TCPA can result in significant fines and other penalties.
DNC: National Do Not Call Registry
The DNC registry is a database of those who choose to be on a “do not call” list. To opt out of receiving telemarketing calls. The registry is maintained by the Federal Trade Commission (FTC). They prohibit businesses from making consumer sales calls to phone numbers on the registry without the consumer’s prior consent. Violating the DNC can result in a penalty of $43,280 per call.
To be on the DNC registry, individuals must provide their phone number and request to be added to the list. Once a number is on the list, telemarketers are required by law to check the registry before making calls to that number. They are to refrain from calling if the number appears on the list. The DNC registry is meant to protect consumers from unwanted telemarketing calls and to give them control over the calls they receive.
The DNC registry applies to both landline and cellular phone numbers. It is illegal for telemarketers to call numbers on the DNC registry, with some exceptions such as calls made by political organizations, charities, and surveyors.
In addition to federal regulations, some states have telemarketing laws that may be stricter than the TCPA and DNC. Businesses need to be aware of and comply with all relevant state regulations in addition to these.
Tips to ensure you are TCPA and DNC compliant:
To avoid being caught in a serial litigator trap, it is important for businesses to take the following steps to ensure compliance with TCPA and DNC regulations.
Businesses must have prior express written consent from consumers before making calls or sending texts using an automatic telephone dialing system or pre-recorded voice message.
Honor opt-out requests:
If a consumer requests not to receive further calls or texts, businesses must honor their request. Ensure to remove their phone number from their contact list.
Keep accurate records:
Businesses should maintain records of consumer consent and opt-out requests. As well as records of calls and texts made. This is to ensure compliance and defend against any potential lawsuits.
Train employees on TCPA and DNC compliance:
It is important for businesses to ensure that their employees are properly trained on TCPA and DNC compliance to avoid unintentional violations.
By following these steps and staying up to date on the latest regulations, businesses can protect themselves from TCPA and DNC litigators and ensure compliance with telemarketing laws in the United States.
Summary of TCPA and DNC
In summary, TCPA and DNC compliance is important for businesses to ensure they are treating consumers with respect and consideration, and to avoid costly legal issues.
By implementing strict compliance policies and procedures, obtaining prior express consent from consumers, and being proactive in your compliance efforts, you can avoid serial litigator traps.
As rules can be changed and updated, it’s important to keep to the latest regulations and requirements.
There are also tools out there that can help manage your compliance and prove data has been captured in a compliant manner, check out TCPA Guardian from Jornaya.
By being strict with compliance, you can protect your business for many years to come.