Telemarketing Software Featured Article

Businesses need to remember that it is important to comply with the Telephone Consumer Protection Act of 1991 (TCPA). It not only makes good business sense; it’s the law.

The TCPA is an act that gives consumers protection from unwanted telemarketing calls, pre-recorded or auto-dialed calls, faxes, and text messages, according to a report from the JD Supra Business Advisor.

Violations of the law can lead to some serious penalties, with some offenders fined a $500 penalty per illegal communication; if that communication is found to be “willful,” the fine is $1,500.

But a company can protect itself from TCPA lawsuits. According to the Atlanta-based Sutherland Asbill & Brennan law firm, users should consider implementing the “Three Cs” approach to lessen the risk of litigation against them.

The first “C” stands for consent. That means businesses should obtain the appropriate consent, for sending out marketing communications. So for automated marketing calls, businesses need to obtain written consent. That means a written agreement, signed by the consumer, that includes the telephone number, and authorizes telemarketing by automatic dialing/texting or prerecorded voice, and that is not required as a condition of purchase, the law firm explained.

It also recommends getting consent for non-marking communications. “The scope of the consent extends to communications related to the transaction or purpose for which the consumer provided the number,” the law firm added. 

And businesses need to check the National Do Not Call registry; consumers who do not want to receive telemarketing calls have the option to register phone numbers on the registry.

The second “C” stands for compliance. It is important for a business to have strict compliance with TCPA regulations. That includes keeping a record of consent, which lists consumers who have consented to receiving communications and the type of communications to which they have consented, the law firm said. It is important too that there be an opt-out for consumers who do not want to get additional marketing communications. And have a procedure to stop calls to a number.

And the third “C” stands for communication. When it comes to communication, the law firm offers some best practices that businesses may want to follow. One is to limit the number of repeat calls because a consumer who gets just a few calls is less likely to complain or file a lawsuit. Similarly, the law firm says do not make multiple calls or leave many pre-recorded messages on the same day. Do not call at hours that may be inconvenient for the resident. Under the TCPA, no telemarketing calls can be made before 8 a.m. or after 9 p.m. Also, limit the total number of calls made to the same number. 

And finally: Don’t forget to be respectful and use your common sense, the law firm notes. That’s just common sense.