SUBSCRIBE TO TMCnet
TMCnet - World's Largest Communications and Technology Community

CHANNEL BY TOPICS


QUICK LINKS




Do You Know Your Call Center Law?

Do You Know Your Call Center Law?

January 21, 2014
By Tracey E. Schelmetic, TMCnet Contributor

Contact centers already have a lot to worry about. They need to ensure call queues don’t get too long. They also need to ensure that other media channels are responding in a timely way, such as email and Web chat. They need to keep customer service quality high, call times short and at the same time provide service with a smile.


There are many legal issues that lurk under the surface of contact center work, however, and they are numerous enough that most contact centers risk falling into a legal pitfall at least once in a while. According to a recent article in Daily Legal News, the liability component varies depending on the mission of the call center.

“Whether a company handles its own customer service or hires an outside call center, there are three basic ways to measure impact,” BakerHostetler Partner Craig Hoffman (News - Alert) told Daily Legal News. “Does the center accomplish what it is supposed to do in a reliable way, is it a cost effective solution and does it work to boost customer confidence without creating legal liability?”

Here are some areas to watch for:

Call recording: Most contact centers record their calls, whether it’s for basic performance management or whether they are doing more advanced work with it, such as speech analytics for quality monitoring and big data management. State laws vary when it comes to call recording, however, and all companies should know what the rules and regulations are in every state they do business in. While some states (and the federal government) require that only one party to a call be notified, 12 states require that all parties are. While most customers are informed a call is being recorded when they first call a main number, be sure to also inform customers that directly call agents or other customer support functions.

Storing recorded calls: Recall that regardless of why you record, if you’re storing calls and they contain sensitive customer information, you could be on the hook is someone unauthorized accesses these call recordings. Look for a solution that allows for maximum security such as unalterable date/time stamping, secure storage or even call recording solutions that redact sensitive information.

Telephone solicitation rules: Some states have peculiar rules then it comes to calling citizens in those states, even if the business isn’t located there. In Ohio, for example, the Telephone Solicitation Sales Act requires some telemarketing companies calling customers in Ohio to register with the Ohio Attorney General and post a bond before soliciting Ohio consumers.

PCI (News - Alert) compliance: For companies that take debit and credit card information from customers, it’s vital that they build their contact centers in compliance with these standards. PCI Data Security Standard (PCI DSS) ensures that correct procedures are followed and card information is kept secure, lowering (though not eliminating) the chances of a breach.

HIPAA compliance: If your contact center handles any medical information that can be directly associated with a patient identity, federal law requires an extra layer of security required to protect patient information. This requirement casts a wide net: companies using cloud-based solutions need to ensure that their cloud services provider is also HIPAA compliant, since the information is being stored on that service provider’s premises.

Do not call: While the subject is too complex to be covered completely in one paragraph, all companies are on the hook to ensure they are obeying the rules of both federal do-not-call lists as well as the state lists in whatever states they are calling. Pleading ignorance will NOT get a company out of big fines. Don’t even consider buying an outbound telemarketing solution that doesn’t have a strong do-not-call compliance feature.

Robocalling: The rules for automated outbound telephone calls (“robocalling”) vary from state to state, and federal law governing the subject is far from settled (sometimes, it’s downright contradictory). Use common sense and scrutinize all available legal rulings, including the liabilities of third parties, before engaging in this practice.

Other federal and state rules: There are rules aplenty that govern the times of the day (and days of the week) when customers can be called, how caller ID should be displayed, whether customers can be called after they ask not to be, whether cell phones can be called, and whether they can be called at work. No contact center should ever do business without knowing and being able to manage all these rules.

There are other legal implications in the contact center as well. If an agent hands out faulty advice and it results in an injury, the contact center could be liable. Ensure agents are properly trained to provide directions and advice. 


Edited by Rory J. Thompson



Popular Articles





Technology Marketing Corporation

2 Trap Falls Road Suite 106, Shelton, CT 06484 USA
Ph: +1-203-852-6800, 800-243-6002

General comments: [email protected].
Comments about this site: [email protected].

STAY CURRENT YOUR WAY

© 2024 Technology Marketing Corporation. All rights reserved | Privacy Policy