TCPA & Mobile Compliance

TCPA & Mobile Compliance

Background

Congress enacted the Telephone Consumer Protection Act (TCPA) in 1991 and designated the Federal Communications Commission (FCC) responsible for initiating the rulemaking proceedings of the Act. The TCPA includes requirements relevant to telemarketing calls, autodialed calls to wireless numbers, prerecorded messages, text messages, and unsolicited faxes. Many states also have requirements that impact these activities.

Some of the TCPA requirements relevant to live and prerecorded calls, texts, and faxes include:

  • Suppressing against the company's internal Do Not Call (DNC) list, the National DNC Registry, state DNC lists, and wireless lists
  • Honoring Do Not Call/Text/Fax requests within 30 days
  • Immediately honoring revocation of consent made through "any reasonable method"
  • Managing established business relationship (EBR) exemption timeframes/expirations
  • Obtaining express written consent for solicitous calls/texts/faxes delivered with an automated telephone dialing system (ATDS or autodialer)
  • Obtaining express consent for informational and debt collection calls/texts placed with an ATDS or autodialer
  • Obtaining express written consent required prior to delivery of prerecorded messages
  • Stating the company name and number in prerecorded messages
  • Including an automated opt out mechanism in prerecorded messages
  • Providing an opt out notice and contact information on fax advertisements
  • Training agents and employees on compliance-related responsibilities
  • Monitoring and enforcement of Internal and vendor activities
  • Ensuring the call abandonment rates do not exceed 3%/campaign/30 days
  • Playing a call abandonment message that includes an opt out mechanism
  • Displaying a company name and number on caller ID
  • Stating the required disclosure
  • Maintaining records as required

Potential Risks

Under the TCPA, state AGs may bring law suits in federal court for actual damages or fines of $500, whichever is greater. If a company knowingly violated the law, that amount can be tripled to $1,500 per willful violation. Further, some states have their own wireless rules and are able to set their own financial penalties; thus, the amounts vary from state to state. It’s important to keep in mind the possibility of PR damage to your organization. The effects of negative publicity can be worse for a company long-term than the fine.

How We Can Help

Our qualified experts understand the impact the TCPA requirements can have on your operations and will bring procedural expertise to your organization regarding these issues.

Failure to comply with relevant legislation can have a devastating impact on your business. Don’t take chances - let our experts help! CompliancePoint has a variety of services that companies can leverage to meet their TCPA & Mobile Compliance goals.

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