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FINES
TCPA Non-Compliance Results in Staggering Fines
The FTC announced the federal Do Not Call registry in 2003 and continues to tighten its stipulations today. The average TCPA (Telephone Consumer Protection Act) judgment is now a staggering $6.6 million. And there has been a 26% year-over-year increase in TCPA-related lawsuits, of which, 60% of these lawsuits are class actions, meaning even greater exposure for your business.
Common TCPA Compliance Vulnerabilities Include:
- Outbound calling through CRM systems
- Utilizing auto-dialers (ATDS)
- Partnering with third-party marketing agencies
- Being targeted by professional litigants
- Improper handling of Caller ID information
- Receiving Civil Investigative Demands (CID)
- Facing consumer Private Rights of Action (PRA)
STRUGGLE
B2C & B2B Enterprises Struggle to Maintain TCPA Compliance
Today, many large enterprises attempt to maintain compliance with constantly changing TCPA regulations at the federal, state and international levels based on aging technology and processes that were built years ago. Complicating factors include:
- Outdated technology and processes
- Employee turnover and loss of knowledge
- Evolving U.S. and international regulations
- Multiple business units and siloed data
- Customer service eco-systems that live outside the CRM
- Complex customer lifecycles across various channels
- Lack of comprehensive audit procedures
- Staff training for onboarding and continuing education
B2B businesses must comply with TCPA regulations
At the federal level, some B2B calls are required to comply with the National DNC Registry, additionally many states have DNC laws, and several do not allow for B2B exemptions. Here are examples of regulations relevant to B2B organizations…
- B2B calls and texts to wireless devices are subject to TCPA restrictions.
- Use of an ATDS to send marketing calls or texts to a wireless number requires prior express written consent.
- Prerecorded or artificial voice calls requires express written consent.
- Residential subscribers are protected by the DNC regardless of the call purpose.
- Companies that are classified as both B2B and B2C and/or call mobile devices used for both business and personal purposes must be careful to comply as needed.
INFRASTRUCTURE
Enterprise Organizations Require World-Class TCPA Infrastructure
Large organizations need a trusted partner with best-in-class technology, processes, and experts to offload the TCPA management burden and gain peace of mind. PossibleNOW provides a complete range of services.
Infrastructure
- World-class infrastructure with SOC 2 certification
- High-speed integration throughout your tech stack
Consulting
- Compliant processes & procedures for contacting consumers
- Vulnerability assessments
- Ongoing auditing, monitoring, and support
- Expert litigation defense team
- Processes & procedures audit reporting
Scrubbing
- DNC list scrub for federal, state, wireless, and international lists
- Access to the Reassigned Numbers Database
- Access to the list of predatory TCPA litigators
- DNC List Management Services
- Mobile Scoring to assess risk of mobile contacts
- Established Business Relationship (EBR) management
- Manage new 1-to-1 consent collection & revocation requirements
Knowledge Sharing
- TCPA training for employees and partners
- Notification of call time restrictions that vary by state
- A comprehensive direct marketing compliance guide - RegInfoHub
- Email notifications for monthly holiday alerts and relevant States of Emergency that affect call time restrictions
Regardless of where you are in your journey or if you want to outsource part or all of your TCPA compliance infrastructure, we can help. Call today to learn more.