Both telemarketing and debt collection are, quite literally, risky businesses. Both fields are highly regulated, governed by complex legislation, and subject to potentially expensive penalties and litigation. Compliance in either field is complicated enough on its own but compliance for debt collectors who use telephone solicitation in order to conduct their business imposes difficulties to an extent beyond the mere sum of the complexities of either field on its own.
Telephone solicitation for the purposes of debt collection requires maintaining compliance with four different, interrelated laws. The Telephone Consumer Protection Act (TCPA) and the Fair Debt Collection Practices Act (FDCPA) have specific rules directly relevant to telemarketing collections; while the Fair Credit Reporting Act (FCRA) and the Truth In Lending Act (TILA) apply to the credit industry more generally.
We offer a number of compliance solutions that could be especially useful for collections professionals.
Don’t call known litigators and serial plaintiffs. The easiest way to avoid a lawsuit is to not contact the people who are most likely to sue. TCPA, FDCPA, FCRA, and TILA litigators and professional plaintiffs can find their way onto your call lists (litigators can have debts just like anyone else). The best defense is to remove these predatory individuals from all calling lists before reaching out.
Right Party ID℠
Another key to avoiding violations is ensuring that you are calling the right party. Verify your consent with the called party by confirming their current contact information.
In addition to verifying your contact information, we can help you fill out incomplete contact info. Do you have a name but no phone number? Or vice versa? Do you need to find a contact's social media handle? Our Data Appending services could serve you well.