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7 Riskiest Dialing Methods Under the TCPA - Best Practices

7 Riskiest Dialing Methods Under the TCPA - Best Practices
7 Riskiest Dialing Methods Under the TCPA
Best Practices

Get Proper Consent

If you are using an automated text platform or autodialing technology to make calls or send messages to consumers, you are at serious risk of violating the TCPA if you don’t have the proper consent. Calling or texting a wireless number using any kind of automated technology for marketing requires express written consent.

As defined by the Federal Communications Commission (FCC), prior express written consent is a written agreement between the caller and the receiver of the call that clearly authorizes the caller, among other things, to deliver “advertisements or telemarketing messages using an automatic telephone dialing system or an artificial pre-recorded voice.” This type of consent must specify the phone number to be called and must also include the receiver’s written or electronic signature, which may be a signed piece of paper, or simply a button press affirming the agreement. You must also disclose that consent is not a condition of purchase.

Check for reassigned numbers

Identifying reassigned numbers in your data can benefit you from both a TCPA and DNC perspective. A number is considered reassigned when the original owner changes to a new number or discontinues their service, and that number is then recycled by the phone carrier to a new owner. Knowing which numbers have been recently reassigned is especially important to verifying your consent. Once a number has been reassigned, any consent you may have had with the original owner becomes invalid. Worse, any calls placed to the new owner without prior consent could result in a violation.

Identify wireless and VoIP numbers

Obtaining the required prior consent starts with knowing which numbers you need it for, and which you don’t. Because consumers may incur a charge as a result of being contacted on their wireless of VoIP number, calling or texting those numbers could result in a TCPA violation without the required consent.

Scrub for litigators

These individuals have a keen eye for finding gaps in your compliance procedures. Once they do (and they will), they will set a trap and wait. It should be routine practice to cleanse your data of predatory TCPA litigators and professional TCPA plaintiffs who may be lying in wait.

Suppress against the Do Not Call list

Telemarketers are required to suppress phone numbers on the National Do Not Call Registry, regardless of the technology they use. Remember that some states have their own local DNC lists as well, in addition to the Federal list.

Maintain and Internal Do Not Call list & Policy

You are required by law to keep a company-specific Do Not Call list. You should immediately honor the requests of consumers who ask to be placed on your internal Do Not Call List.

You are also required by law to keep an updated internal Do Not Call Policy and must provide such policy to your clients upon request.

Don’t forget about individual state Do Not Call lists

13 states have their own do not call lists and many more have their own calling time restrictions, registration requirements, and other state-specific legislation.

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