7 Keys to Avoid TCPA & DNC Lawsuits

Stringent regulatory requirements have created an environment where inadvertent errors by telemarketers can suddenly become the basis for expensive TCPA lawsuits. It’s no surprise that nearly every week we read about a new TCPA lawsuit involving a million dollar settlement for another class action lawsuit. Even for experienced marketers, drudging through pages of federal and state regulations can leave you feeling lost in an endless maze of confusing compliance regulations.  It’s understandable.

Marketers are experts at optimizing sales and increasing profits. That’s what you do best. But in order to excel in your career, you must always be prepared for the court’s next interpretation of the FCC’s technically outdated TCPA or DNC regulations.

Each new regulatory interpretation by the court requires an internal review to ensure your marketing activities remain compliant. Understanding compliance and preparing your business for the next wave of regulatory changes is one of the most challenging responsibilities. One mistake could instigate a TCPA lawsuit and cripple your business financially.

Contact Center Compliance has compiled this list of tips to provide some guidance for developing the compliance strategy that works best for your business.

Keys to Successfully Manage Compliance 

1. Federal/State Laws & Regulations. At all levels of government, regulations are being debated, challenged, and changed. Every company needs a formal process for updating procedures throughout the entire organization. This includes communications with third-party marketers calling on your behalf. All marketing parties should be operating uniformly in compliance with current laws and alerted of potential changes. Don’t become the industry example for what not to do!
2. Data Retention. The FTC and FCC mandate specific time-based requirements for retention of certain records. Even though their storage is legally required, it can benefit your business. Archived records may be your only resource for building a defense against litigation or governmental inquiries. Sales and marketing records should be centralized, secure, and easily accessible. They should include your company’s marketing activities and those conducted by third-parties on your company’s behalf.
3. Third Party Marketers. From a legal perspective, the responsibility for ensuring and maintaining compliance is with the company that commissions the third-party marketing companies. It is important to remember that you cannot contract away compliance responsibilities, no matter the assurances from your marketing partners. Conduct a formal process of due diligence for selecting reputable third parties to conduct marketing activities on your behalf. Most importantly, you’ll then need to continually follow up with ongoing monitoring and compliance enforcement.
4. Compliance Manager. If you manage a large telemarketing operation with multiple third-party call centers, you will want it overseen by someone who is well-versed in the application of compliance regulations. This person would manage a compliance program that includes preparing a manual documenting your company’s compliance processes and procedures. They would also provide initial and refresher training on critical compliance tasks with assigned responsibilities, and ongoing monitoring of compliance related efforts.
5. Quick Complaint Resolution. Timely dispute resolution is extremely important, especially if you want to prevent unnecessary lawsuits. Somethings a simple friendly conversation with an angry consumer can end a problem before it becomes a major situation for the courts to resolve. Regulators understand that mistakes happen and are often willing to forgive mistakes. But the responsibility is on you to show evidence that your company has documented its compliance processes and procedures.
6. DNC Scrubbing. If you are marketing to consumers, you are required to purge phone numbers that are on the National Do Not Call Registry as well as the individual state managed DNC lists. Failure to comply could result in federal fines up to $40,000 and state fines up to $25,000. For business-to-business marketers, you can check with the National Do Not call Registry to see if you qualify for an exemption.
7. TCPA & DNC Compliance Provider. Most companies that use telemarketing don’t have the infrastructure to support staying current with every new and proposed change to TCPA and DNC. The preferred choice among businesses is to partner with a reputable compliance provider whose sole responsibility is to deliver services to telemarketers that ensure adherence to all federal and state compliance laws.

Managing compliance can be an overwhelming distraction from your sales objectives, but is necessary for every business. Many businesses leaders already turn to Contact Center Compliance, the respected TCPA and DNC compliance authority with a 100% track record for over ten years – no fines, no violations, and no lawsuits.

You’re the expert when it comes to marketing the products and services your business offers. To succeed at your job, you need an equally well-versed expert in TCPA and DNC compliance regulations. Contact Center Compliance is the cloud-based compliance provider with the expertise to reduce your risk of regulatory violations and potential lawsuits that could cost your business millions of dollars in a class action settlement.

To learn more about compliance services that are the perfect complement for your business, sign up for a complimentary compliance audit with one of our team members or contact us at support@dnc.com or call us at 866-DNC-LIST (362-5478).

Source: http://dnc.com/7-Keys-to-Avoid-TCPA-DNC-Lawsuits

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