- Do I have a recent (less than 3 months old) copy of the National Do-Not-Call registry?
- Do I have a convenient “unsubscribe” option in my telephone and email communications?
- Do I have written procedures detailing how I scrub my contact database and comply with TCPA requirements?
- Is there an organization chart showing who is responsible for TCPA compliance?
- Is there a process flow chart showing the plan for TCPA compliance?
- Does my company provide training on TCPA to marketing and sales team members?
TCPA
The #1 driver of TCPA class litigation comes as a result of lead fraud.
What is TCPA compliance?
The public viewed unsolicited calls as an invasion of consumer privacy — enter the Telephone Consumer Protection Act (TCPA). Passed in 1991, the TCPA prohibited telemarketing calls to landlines without prior consent. As businesses got smarter, the TCPA was expanded to also cover text messages and mobile calls.
Additionally, the TCPA creates a corporate liability for companies to maintain their own organization-specific “do not call” lists to prevent them from making unwanted communications. Failure to comply with the rules of the regulation can result in fines, but that isn’t the only risk it poses. Unless someone expressly opted-in to receive a sales call, businesses are breaking this statute with each unsolicited call or text and could be on the hook for hefty fines.
Common Myths About TCPA
Myth #1: TCPA Rules ONLY Apply To Calling Landline Phones
While the TCPA was initially designed to address calls to landline residential phones, the rules have been expanded since then to include cell phones, fax machines, and other communication channels. This was done to help ensure the rule could continue to meet its goal of preventing unwanted, unsolicited, and intrusive communications.
Myth #2: I Don’t Need Consent If It Isn’t A Sales Call
Some companies might assume that if they aren’t calling about sales, then they don’t need consent to call per TCPA compliance guidelines. However, this isn’t the case. As noted by call center software provider TCN, “If you are calling a wireless number to provide information or conduct a survey using an autodialer, prior written consent is always required.”
Myth #3: I'm Not At Fault If My Contact Changes Phone Numbers
Although contact information is legitimate when first collected, it can quickly be rendered obsolete when a contact changes their information. When this happens, a new consumer may end up with the old contact’s phone number.
If an affiliate marketer reaches out to such a contact, they’re still in violation of the requirement to receive previous written consent to engage in telemarketing activity. The TCPA puts the burden of identifying and removing obsolete contact information on the affiliate marketer, not on the consumer.
Myth #4: An Existing Relationship Always Allows Me to Reach Out with Marketing Messages
Although, the TCPA does stipulate that it is not a violation if the caller has a personal relationship with the recipient, this does not mean that as long as marketers have a prior business relationship, then they always have permission to make marketing calls. If the consumer opts out of further communications from the marketer, they are no longer allowed to reach out. In fact, the FCC requires that, in automated communications, marketers must “provide a telephone number that consumers can call during regular business hours to make a company-specific do-not-call request.”
Myth #5: I Don’t Need to Document My Call Procedures
One of the most important things a marketer can do for TCPA compliance is have a set of written procedures for how they handle their marketing calls. Having a document to show the FCC and the courts how marketing calls are handled can be crucial for protecting against fines and other penalties for inadvertent TCPA violations.
What Does Fraud Actually Cost?
Lead generation fraud can drive up the cost of leads and cause numerous other problems for your business.
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