Is the TCPA Only for Cell Phones?
This is part of our ongoing series, Your Questions Answered. If you'd like to ask a question for a future entry, please fill out the form at the bottom.
DNC
What Is TCPA Compliance?
This is part of our ongoing series, Your Questions Answered. If you'd like to ask a question for a future entry, please fill out the form at the bottom.
TCPA vs. DNC
Telemarketing compliance is made difficult by the byzantine nature of telemarketing regulations. Any marketer can be forgiven for struggling to keep track of the varying levels of laws, regulatory agencies, and other enforcement mechanisms. However, there are two acronyms that loom large enough in the regulatory landscape that everybody knows them, even if they don’t really understand what they mean: TCPA and DNC.
Double Trouble: Dual-Purpose Phone Lines Present Significant Risks to Callers
Litigators and professional plaintiffs employ a variety of tricks in order to entrap callers into Telephone Consumer Protection Act (TCPA) and Do Not Call (DNC) list violations. One of the most dangerous ploys is also one of the simplest: the dual-purpose phone line.
Who Needs a SAN?
Any company who is calling or texting is required by law to suppress phone numbers against the National Do Not Call (DNC) Registry. A SAN (Subscription Account Number) must be purchased and renewed annually in order to download the DNC registry. Many callers find the rules relating to and process for acquiring a SAN to be confusing.
The Possibility of TCPA Being Invalidated Is No Reason for Complacency
The entire telemarketing industry is awaiting the Supreme Court’s decision in AAPC v. Barr, the case that very may well invalidate the Telephone Consumer Protection Act (TCPA) in its entirety. However, the possibility that the main federal enforcement mechanism for regulating telemarketing may soon disappear is no reason for marketers to become lax in their compliance efforts.
TCPA for Text Messaging
In the world of telemarketing, different dialing methods carry different amounts of risk relating to potential Telephone Consumer Protection Act (TCPA) violations. Text platforms are one of the riskiest of all, in large part because the telemarketers who use them are often not aware of the risks.
Top 5 Risks for Inbound Calling Centers
Telemarketers must often navigate a minefield of risks. The Telephone Consumer Protection Act (TCPA), Telemarketing Sales Rule (TSR), various Do Not Call (DNC) laws, and other regulatory statutes present a vast array of potential, costly violations.
How to Effectively Make Use of Telemarketing Safe Harbor Provisions
According to Cornell Law School’s Legal Information Institute, a “Safe Harbor” is “a provision granting protection from liability or penalty if certain conditions are met. A safe harbor provision may be included in statutes or regulations to give peace of mind to good-faith actors who might otherwise violate the law on technicalities beyond their reasonable control.”
Examining the Strategies of a TCPA Litigator
The Telephone Consumer Protection Act (TCPA) is an outdated statute, well overdue for an update (and may well get one, thanks to the case, William P. Barr et al. v. American Association of Political Consultants et al., about to be argued before the Supreme Court). Its flaws and inconsistencies have created a cottage industry of lawsuit-mill litigators.