The History and Purpose of Do Not Contact Regulations
The Telephone Consumer Protection Act of 1991, also known as TCPA, implemented many important telemarketing regulations. The National Do-Not-Call Registry is one of the measures that got enacted during this time. When consumers request that they not be contacted, they expect that telemarketing companies remain compliant and will adhere to their wishes. Anytime they're contacted after that, it's a bad experience with the organization that is likely to result in the person complaining on social media and to regulatory commissions.
A list of phone numbers from consumers who have indicated their preference to limit the telemarketing calls or text messages they receive is provided by the National Do-Not-Call registry through the Telephone Consumer Protection Act (TCPA). The information on the call compliance registry is managed by the Federal Trade Commission (FTC), the nation’s consumer protection agency. The TCPA DNC list is enforced by state officials, the FTC, and the Federal Communications Commission (FCC).
The FTC managed do-not-call registry is not used for any purpose other than preventing telemarketing calls or text messages to the telephone numbers on the do-not-call registry. Organizations that access the National Do Not Call Registry need to certify that they are accessing the registry for the only purpose for complying with the TSR to prevent calls to numbers on the call compliance registry records. When organizations use the call compliance registry for purposes that are not within the specific rules and regulations for use, these companies could be subject to legal action.
If you are a telemarketer or service provider accessing the call compliance registry data on behalf of your clients, you will need to identify your clients to remain compliant. Use PossibleNow for the leading Do-Not-Contact solution for your direct marketing compliance management. Avoid accidental violations by contacting PossibleNow through our website to stay compliant.
In almost any case, consumers are frustrated with robocalls interrupting their days repeatedly. They've increased exponentially over the past few years, leading to many frustrated people dealing with unwanted calls. With many people relying on cell phones as their only phone line, this is a particularly disruptive situation to be sure. This situation can help result in regulatory program or campaign updates as the law is being refined. Your company has to be prepared to comply with any new law or additional certain measures that are put in place. Otherwise, you could face expensive fines and create long-lasting damage to your company's reputation.
When companies, non-profit organizations, or others place a call or text to customers, you have to know whether you're reaching a landline or a mobile phone, and to know whether or not the consumer consented to receive phone calls or text message communications made to their mobile device. Additionally, you're responsible for checking whether the current owner of the mobile phone number is the same person as the one who consented to be called.
If you are relying on an established business relationship as your basis for communication, you must be able to prove that you have an established business relationship with the customer prior to any contact with them. On a federal level, this means that they have had a transaction with your company within the past 18 months, or they've sent in an inquiry within the last three months. The state level may have a completely different set of requirements that you have to consider when you contact people within that state.
If you are a telemarketer and call someone when they are on the Do-Not-Call list, you face significant fines. You could pay up to $41,484 federally and $25,000 state per incident for failure to comply. That's a costly proposition for many companies that can’t justify marketing programs in most cases.
The most immediate problem that compliance solves is avoiding expensive TCPA or DNC call compliance fines because they add up quickly. You also show that you respect your prospects and customers by following their DNC compliance requests and other DNC rules and regulations. Providing a great customer experience is one of the best ways that companies stand out from the crowd. Showing that your customers' time is valuable goes a long way towards creating a quality relationship.
You keep your reputation in the marketplace clear, as it can be hard to shake off accusations of being a spam caller. People get understandably frustrated when their cell phones are dialed by repeat robocalls dozens of times per day. Therefore, the least you can do is avoid being lumped in with bad actors by following the rules and regulations. Staying on top of DNC compliance also lets your employees spend their time on people who are more likely to respond favorably to the call compliance topic.
You don't want your sales team to constantly run into prospects who are upset because they didn't want a phone call. That wastes everyone's time and resources. With DNC compliance, the sales staff focuses all of their attention on quality leads who want to hear more about these products and services. This can result in a higher conversion rate along with better customer loyalty over the long run.
Nobody's perfect, so if you do make mistakes, do your best to apologize to the wronged party. One way to avoid these types of situations going forward is to put a DNC compliance solution in place that keeps your company fully compliant and adapting to the latest regulatory changes.
DNC compliance is a complex and resource-intensive task when you're doing it all yourself. Thankfully, many solutions are available for DNC compliance that lift this burden from your organization. These types of solutions consolidate federal, state, trade industry, and company DNC call compliance lists into a comprehensive scrubbing system and provide managed services for implementation. They also offer exceptional support and training to equip your business with the resources it needs to understand the importance of DNC compliance and how it is related to the customer experience.
Following the latest TCPA and DNC call compliance regulations might be complex, but these solutions offer a system that isn't overwhelming. You have to know how to juggle a lot to figure out exactly which requirements you have to follow with each person you contact. Get your uncertainties alleviated so that you have a confident and capable position when reaching out to customers. A DNC compliance solution that takes a wide and deep approach to cover the changing landscape and ensuring comprehensive coverage is a must.
We offer many benefits when your company uses us for DNC compliance scrubbing:
Be sure to stay in compliance with DNC compliance regulations to avoid violations and fines. This is an essential part of doing business today. Work with a management partner that helps you avoid upsetting your customers, violations, and falling behind on regulatory changes. That way, you can help focus your company's resources on other important projects, rather than spending all of your time working on-call compliance and management risk.
Your organization may be an Exempt Organization from the TCPA DNC list and therefore is not required to access the National Do Not Call Registry because either (1) it is a nonprofit organization, or (2) an organization that only makes specific types of telephone calls.
The determination of whether your organization is exempt from the National Do-Not-Call Registry list made by the TCPA may require careful assessment of your specific business practices. Therefore, in making this decision, you may wish to consult with an attorney to avoid any violation. Contact PossibleNow for additional DNC call compliance information or to answer any questions you may have.