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The Evolution of The Do Not Call List

In 1991, Congress amended the Communications Act of 1934 with the creation of 47 U.S.C. § 227, a.k.a. Telephone Consumer Protection Act or “TCPA”.  The TCPA, among other things, contained a provision that allowed the FCC to “require the establishment and operation of a single national database to compile a list of telephone numbers of residential subscribers who object to receiving telephone solicitations.” Initially, the FCC declined to exercise this option, and instead, in 1992, established a requirement for sellers to maintain their own internal DNC list. 

Are Short Codes Safe Under the TCPA?

At Contact Center Compliance, we have seen increasing questions about legal risks related to the usage of SMS short codes for texting, especially related to the TCPA in their usage.  In short, we believe that there is minimal risk under the TCPA and TSR, but with over 300 class action lawsuits filed under the Florida Telephone Solicitation Act, a short code strategy should be evaluated with caution.  In this article, we detail potential risks under Federal and Florida state law.  We will also explore certain financial burdens from owning these numbers and alternatives that could reduce costs while minimizing risk. 

Don't Get Sued! How Maine's New Telemarketing Law with the RND Protects Your Business

ME LD 2234, HP 1433 is set to become the first bill to require marketers to scrub calling numbers against the reassigned number database (RND) before calling.  This bill has passed the state’s House and Senate, and it was signed into law by the governor with limited delay.  If you are calling into the state of Maine, this law WILL apply to your business. This law offers a unique benefit: it protects both businesses and consumers. Businesses can avoid costly wrong-number lawsuits by verifying phone numbers through the RND. Consumers, on the other hand, are shielded from receiving calls intended for the previous owner of their phone number.

4 Simple Steps to Comply with New DNC Registry Record Keeping

The FTC recently updated the record-keeping requirements for companies accessing the Do Not Call Registry (DNC). While the changes seem simple (tracking date of access, SAN number, etc.), they may signal upcoming enforcement actions by the FTC. The article breaks down the new requirements and offers advice on how to comply easily.

Decoding the DND (Do Not Disturb) Act: What You Need to Know

The proposed Do Not Disturb Act (DND Act) aims to restrict unwanted calls and automated solicitations. While this may seem like protection for consumers, it may do more harm than good, presenting potential challenges for legitimate businesses that rely on phone outreach. This blog post explores the key points of the DND Act and its implications for businesses, including; Compliance requirements, Marketing and sales strategies, Customer engagement.

New Illegal Compliance Practice Uncovered – Is Your Vendor Legal?

A proposed settlement between XCAST Labs, Inc and the Federal Trade Commission brings a focus to the rules around Subscription Account Numbers (a “SAN”) and proper usage of the Do Not Call Registry by marketers. If your vendor is placing calls or scrubbing lists without following these SAN rules YOU are liable, and it will cost you with the FTC. Are you unknowingly accessing the registry illegally through your scrub provider? Read on to learn more…