What Are Some Particular TCPA Vulnerabilities for B2B Callers?

Type: Blog
Topic: Zero Party Data

While the Telephone Consumer Protection Act (TCPA) primarily focuses on consumer protection, B2B callers are not exempt from its regulations. Specific vulnerabilities for B2B telemarketing include the improper use of autodialers, failure to manage consent for mobile calls, and in some cases, neglecting compliance with the National Do Not Call (DNC) Registry. Many businesses mistakenly assume that TCPA rules don’t apply to B2B interactions, exposing themselves to significant risks.

To navigate these challenges, PossibleNOW’s Do Not Call solution offers automated tools for DNC list scrubbing, consent tracking, and compliance reporting, keeping B2B telemarketing campaigns aligned with TCPA requirements.

Common TCPA Vulnerabilities for B2B Callers

• Assuming Exemptions Apply: Many B2B callers believe they are exempt from TCPA rules, but certain provisions, such as restrictions on mobile autodialing, still apply.
• Use of Autodialers Without Consent: Automated dialing systems are common in B2B campaigns, yet using them to call mobile numbers without prior express consent can violate the TCPA.
• Failure to Honor the DNC Registry: True B2B interactions are exempt from National DNC Registry rules, but if making B2B calls where the mobile numbers are also used for personal use, courts could find those rules need to be followed. Additionally, some states allow business numbers to be added to their state DNC lists.
• Neglecting Opt-Out Mechanisms: Calls or texts that fail to provide a clear opt-out option can lead to non-compliance.
• Inadequate Recordkeeping: Without proper documentation of consents and call practices, businesses may struggle to defend themselves against TCPA claims.

Risks of Non-Compliance in B2B Telemarketing

Failing to comply with TCPA regulations can have serious consequences for B2B telemarketers:

• Financial Penalties: Violations carry fines of $500 to $1,500 per infraction, which can quickly escalate in large campaigns.
• Lawsuits and Class Actions: TCPA violations often result in lawsuits, with settlements reaching millions of dollars.
• Reputational Harm: Negative publicity from legal actions can damage trust and credibility with other businesses.
• Operational Disruptions: Investigations and compliance failures can interrupt telemarketing activities, hindering sales efforts.

Staying Compliant: Best Methods to Use

To maintain compliance and mitigate risks, B2B callers should adopt the following practices:

1. Secure Proper Consent: Obtain express consent before calling or texting mobile numbers, particularly when using autodialers.
2. Scrub Against the DNC Registry: Regularly scrub contact lists to avoid calling numbers on the National DNC Registry. You can obtain the National DNC Registry for no charge when making exempt calls, such as true B2B campaigns.
3. Provide Opt-Out Options: Include clear mechanisms for recipients to opt out of communications in all calls and texts.
4. Maintain Detailed Records: Document all consents, disclosures, and telemarketing practices for compliance verification.
5. Train Employees: Regularly educate sales teams on TCPA requirements and best practices.

PossibleNOW’s DNCSolution automates compliance tasks, including DNC scrubbing and consent tracking, making it easier to meet TCPA standards while focusing on effective B2B engagement. Contact us today to learn how our tools can help safeguard your business.

About PossibleNOW

PossibleNOW is the pioneer and leader in customer consent, preference, and regulatory compliance solutions. We leverage our MyPreferences technology, processes, and services to enable relevant, trusted, and compliant customer interactions. Our platform empowers the collection, centralization, and distribution of customer communication consent and preferences across the
enterprise. DNCSolution addresses Do Not Contact regulations such as TCPA, CAN-SPAM and CASL, allowing companies to adhere to DNC requirements, backed by our 100% compliance guarantee.

PossibleNOW’s strategic consultants take a holistic approach, leveraging years of experience when creating strategic roadmaps, planning technology deployments, and designing customer interfaces. PossibleNOW is purpose-built to help large, complex organizations improve customer experiences and loyalty while mitigating compliance risk.