Pay Attention to the Telephone Consumer Protection Act (TCPA) or Pay the Fines
by Donna Fluss, DMG Consulting
Recent changes in outbound dialing legislation and consumer protection regulations, specifically changes to the Telephone Consumer Protection Act (TCPA), have the outbound dialing sector scrambling. Companies of all sizes in most verticals (with exception of fundraising and political campaigns), including outsourcers who use outbound technology, are struggling to interpret and understand exactly what these new rules mean, their potential impact, and how to apply them.
What is TCPA?
The FCC and the FTC are responsible for TCPA enforcement. TCPA claims are increasing, in part due to increased diligence in enforcement by these agencies. Individuals, states and the FCC can initiate claims, and high-visibility class action suits are also fueling the rise in TCPA claims. Companies can face steep fines if they are found to be in violation of TCPA regulations.
Tips to Help Contact Centers Comply With TCPA Requirements
The best approach to reduce the risk of litigation and fines resulting from TCPA violations is to gain a thorough understanding of its requirements and to develop and issue written policies and procedures in order to ensure that all business operations and practices are fully compliant. The TCPA requirements apply to land lines, cell numbers, faxes and text (SMS) messages. Here are some suggestions to help companies adhere to TCPA requirements:
Please note that DMG Consulting LLC provides technical and operational guidance. The materials and recommendations contained herein are for informational purposes only and do not constitute legal advice. We urge you to discuss your particular situation with your legal counsel before taking any action.
Too many companies are ignoring TCPA, believing that they won’t get caught. This is a mistake, as the government is encouraging consumers to report consumer abuse. If you’re abusing the regulations, you are at risk. DMG encourages all companies to gain a complete understanding of the requirements and to follow the law. To see the complete TCPA Guide, please visit the DMG website.