TCN’s platform doesn’t just safeguard call center compliance against the TCPA, designed to help automate compliance and minimize risk as regulations and rulings come and go. Features like Natural Language Compliance and Manually Approved Calling can maintain control when, where, how, and to whom all
communications happen. While consumers may have been filing fewer lawsuits, they were complaining more in 2018 than they did in 2017. The number of complaints filed with the Consumer Financial Protection Bureau was 6% higher in 2018 than 2017, and the number of complaints registered by the Better Business Bureau was 11% higher last year than the number from 2017. SOURCE: www.accountsrecovery.net What Are the Main TCPA Requirements
To Whom Does the TCPA Apply?
Exemptions from the TCPAWhile tax-exempt nonprofit organizations are exempted from the TCPA, calls may not be made to numbers on the National Do Not Call Registry.
Curious just how much TCPA violations might cost? Check out the infographic on the Costliest TCPA Mistakes in Call Center Compliance now. Download Now TPCA and Prior Express Written Consent (PEWC)How do call centers reduce the risk of contacting cell phones or other devices in violation of the TCPA? Take a look at these PEWC and TCPA tips. Prior Express (Preferably Written) Consent Required:
Consent not Required:
Demonstrating Express Consent to be Called for Business Purposes:
Best Practices Regarding Consent:
Read more about our Defense Against TCPA Litigation in our blog.
TCPA Regulation and Call Regulation HistoryBusinesses began to successfully capitalize on large-scale outbound calling methods in the 1980s. The explosion in contact centers and outbound calls powered legislation created to define industry boundaries and consumer rights.
TCPA Rules for Contacting Customers
Text Messages and the TCPAStaying TCPA compliant means having a great setup on your text delivery campaigns. Watch Video Now: Check out TCPA tips and best practices for your call center. Telemarketing Calls or Text Messages:
TCPA and Cell Phones or Smartphones:
TCPA and Prerecorded Messages:
May/June 2019: Voice Carrier Automatic Call Blocking and Text Blocking Permitted2019 saw the issuance of a Declaratory Ruling in support of call blocking and text blocking that originates at the carrier. That means, depending on certain call analytics made by the carrier/provider, contact centers and call centers will all need to be doubly sure they’ve got strict control over their outbound calls – or their calls will never reach the customer. Here’s a preview of the call blocking update mentioned in the FCC Fact Sheet:
TCN also found some key language around the call blocking measure. Take a look at what will likely be considered “reasonable analytics” which can result in your calls/texts being blocked [text below reformatted from source]:
The list goes on, however. More most-frequent scam calls/texts will likely be caught and stopped if they:
TCN Partners with Numeracle to Help Clients Avoid Improper Text and Call BlockingTCN has immediately worked to ensure contact center and call center clients – all clients – can provide a way to verify their business’s legitimate calls, in light of this development. TCN customers will receive direct access to Numeracle’s Number Registration and Trusted Entity™ Certification solutions, enabling users to register and certify phone numbers with call labeling analytics companies utilized by the top U.S. wireless carriers and third-party robocall identification apps. LeveragingTCN’s strategic partnership with Numeracle will safeguard contact centers’ calls from being incorrectly classified as “fraud” or “scam.” Registering Your Numbers to Prevent BlockingThe Numeracle partnership means you can register your numbers across the phone provider ecosystem to identify your legal ownership Further reading:
Avoiding Common (and Costly) TCPA Penalties with Call Center TechnologyCommon TCPA Violations and FeesCommon Violations:
Fees:
Call Center TCPA Compliance SolutionsManually dial calls:
Manually approved calls:
Want to see the power of TCN’s compliance suite, blended call flows, and business intelligence in action? Request a Demo Cell Phone Scrub:
Automate Calling Rules:
Record Calls:
Prior Express Written Consent:
Maintain an Organization-Specific Do-Not-Call List:
Include Disclosures:
TCPA Best Practices with Call Center SoftwareAutomated Calls, Texts and Voicemail ChecklistResidential phones:
Want to learn which TCN features can help your contact center stay compliant? Request a Demo For prerecorded or artificial voice messages:
Calls that are Exceptions to TCPAWhat about all the many different types of calls that aren’t telemarketing? Surely those calls have some leniency? Well, if those were your thoughts, you were partially right. Here’s a non-exclusive list of calls that are exempt from TCPA.
Capturing Consent to Reinforce TCPA ComplianceConsent to call your clients is a great pathway to a better relationship with customers and solid compliance with the TCPA. The best way to avoid TCPA complications and build a solid foundation for lasting communication begins with clear and up-front requests for consent. Build Consent in EarlyThe moment you begin a business relationship with a customer, either through a loan, a product or a service, be sure the contract involved includes permission to be contacted about payment. If you can build business through marketing calls, make it clear that they may be contacted for marketing purposes. Give Customers OptionsAlways give customers and contacts a choice to opt out of marketing calls, texts or messages. This can ensure that if they are no longer interested upgrading or enhancing their current relationship, they will still take note when payment reminders or service changes, etc. are being communicated. Defense Against Litigation: Omnichannel?Defending against TCPA litigation means always keeping respect for the customer’s agreed level of contact. While considering other methods of contact might seem like a workaround, this is not likely to serve businesses well. Rather, omnichannel is best used when it’s in the customers interests. Meet them on the channels they prefer and respect the limitations they put on different modes of contact. Also, prior express written consent keeps things professional and defensible when the relationship might be strained due to the ability to pay or concern arises regarding contact. TCPA regulation training is a great defense against TCPA concerns. Train call center floor managers on what they need to know to keep everything ship-shape and compliant. TCPA Developments and Case LawTCPA Called into Question – An Exception’s ConstitutionalityIn January 2020, the SCOTUS approved a writ of certiorari for a lower court’s ruling on the government-debt exception to the TCPA. That’s law lingo for having a higher court review a decision by a lower court – not a magic spell from a famous wizard. So, what’s the big deal? Back in April 2019, “the
U.S. Court of Appeals for the 4th Circuit ruled that a 2015 amendment to In other words, the exception allowed the use of autodialing equipment for companies collecting government debts (but not for anyone else). Well, for everyone else out there trying to collect on a debt, this smacked of “content-based” discrimination. The courts eventually removed the exception, but not for the reason of discrimination against collectors. Instead, they removed the exception because it “has an expansive reach and interferes with the privacy of millions of The petition to review the TCPA exception was granted to the U.S. Attorney General and the FCC. While this review doesn’t attack the entire TCPA, it could have implications for nearly identical petitions filed by the likes of Facebook and Charter Communications – one of which hopes to address the definition of an ATDS. Defining an Automatic Telephone Dialing System (ATDS)A lot has happened to shape and define what qualifies as an ATDS – a key component regulating the use of equipment by call centers and contact centers. Multiple cases in recent years have helped to shape the court’s interpretation of what qualifies as an ATDS. In Collins v. National Student Loan Program, 2018 WL 6696168,the judgment went to the defendant (NSLP). It was ruled that its human-initiated dialing tool didn’t qualify as an autodialer due to not having the ability to “to function as an autodialer by generating random or sequential telephone numbers and dialing those numbers.” A similar outcome underscored the legality of tools that expedite calls but which are not an ATDS, with the court stating in Fleming v. Associated Credit Services:
This is terrific news for the many TCPA-compliant collections agencies who depend on being able to contact their accounts in an efficient and effective way. A Twist: First TCPA, Now TRACED ActComplicating matters for contact centers and call centers everywhere, the TRACED Act was passed in early 2020. The TRACED act increases the statute of limitations for those who made robocalls in violation of the TCPA. Pretty scary. Unfortunately, it does get worse. The main objective of the TRACED Act is to stem the billions of illegal robocalls plaguing Americans. It empowers telephone service providers to block calls at their level. However, legitimate businesses need not worry, as long as they don’t trip over the stipulations that trigger blocking. Think of it like the CAN-SPAM Act. Businesses can still Take a look at the some of the act’s details:
For call centers and contact centers around the world, laws like the TCPA and TRACED Act can cause a lot of undue stress to hard working managers and directors. Grab your copy of the Manager’s Guide to TCPA Compliance and stay on top of the regulations that affect your business processes and procedures. Request a Demo: Click or call today and let TCN help transform your contact center. What’s an Abandoned Call and Why Does It Matter?Abandoned calls are calls where nobody answers the call recipient’s spoken greeting within two seconds. These abandoned calls matter to outbound telemarketers because TCPA regulates the maximum rate of calls being abandoned. This is to prevent unnecessary calling and wanton use of telephone lines. It is also designed to encourage rapid, efficient use of call recipient time, and prevent jamming their line with a live call when nobody is there to answer. Does TCPA Apply to Text Messages?Yes. The TCPA applies to texts just as much as it applies to voice calls. To send a customer a text, you must have prior express written consent (PEWC) and a current business relationship. Recipients must also be able to opt out of texts whenever they wish. What’s a Predictive Dialer?Predictive dialers are applications that dial multiple numbers using algorithms designed to keep your staff calling, reduce wait time between calls, and make sure staff are not connected to disconnects/hangups, answering machines, etc. Also, they estimate normal call lengths and begin dialing near the normal end of certain types of calls. This prevents overusing lines, sending too many outbound calls at once, etc. What’s an Autodialer?Autodialers are equipment or applications that automatically dial phone numbers. They can route calls to agents once someone has answered the call or play a voice message. Autodialers are regulated by the TCPA. What Is an ATDS?ATDS stands for Automatic Telephone Dialing System. This can be used to refer to predictive dialers, autodialers, robocallers, etc. If a device automatically dials phone numbers in any way, it can be called an ATDS. What Is a Robocall?Robocalls are automated voice messages sent over the phone. What Is Prior Express Written Consent (PEWC)?Prior express written consent is written consent from your client or customer that expressly states their willingness to receive texts, voice messages, automated calls, or whichever form you elect to reach them. It is absolutely your best friend if you hope to reach customers on their phones. TCPA compliance and PEWC consent go hand in hand. Want to see the power of TCN’s compliance suite, blended call flows, and business intelligence in action? Request a Demo DisclaimerThe content of this page is not legal advice and is to help readers get a better grasp of the nature of TCPA compliance and various issues around improving their compliance knowledge. This should not be construed as legal advice. Seek the counsel of a legal professional before undertaking calls or implementing changes to your organization. Rulings and orders often change the legal landscape. While we seek to give you the best and most up-to-date information regarding TCPA compliance and news, the best practice is to track and closely follow cases and developments around these certain rules and regulations. Who is exempt from the Telephone Consumer Protection Act?So long as consumers are not charged and can easily opt-out, delivery companies are exempt from obtaining consent under the Telephone Consumer Protection Act (TCPA) when sending delivery notifications. Standard non-marketing and opt-out rules apply.
What is not covered by TCPA?Here's a non-exclusive list of calls that are exempt from TCPA. Manually dialed calls that have no pre-recorded message. Calls made for emergency purposes. Calls not made for a commercial purpose.
What is the main function of the Telephone Consumer Protection Act of 1991?In an effort to address a growing number of telephone marketing calls, Congress enacted in 1991 the Telephone Consumer Protection Act (TCPA). The TCPA restricts the making of telemarketing calls and the use of automatic telephone dialing systems and artificial or prerecorded voice messages.
Are non profits exempt from TCPA?Consent Requirements
If you are calling a landline phone number as part of a non-profit or political campaign, you do not need consent. However, if you are calling or texting a wireless number using an autodialer, prior express consent is required, even if the calls are purely informational.
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