Marketers are experts at optimizing sales and increasing profits. That’s what you do best. But in order to excel in your career, you must always be prepared for the court’s next interpretation of the FCC’s technically outdated TCPA or DNC regulations.
Because real estate agents are independent contractors, there is an assumption that DNC rules do not apply. After all, they only apply to big businesses and you are an individual who will go unnoticed by FTC regulators – both assumptions are false.
TCPA regulations have forced a shift in marketing strategies to be more focused on "permission based" marketing practices. The burden of proof for obtaining "prior written consent" rests with the company initiating the contact with the customer.
At the beginning of every telemarketing campaign you faithfully scrub cell phone numbers. But when your ATDS dials a cell phone are you sure the person answering is the same person that provided you with permission to call in the first place? The wrong answer could prove costly to your business as it has for many others.
Are you a business-to-business marketer? If so, it is likely that your business has shown little concern for the TCPA and its consumer cell phone regulations. After all, you’re only seeking to solicit business on landlines which are exempt from DNC and TCPA. But in this era of rampant TCPA lawsuits, you should be as concerned as are business-to-consumer marketers.
Most states that once had “Do Not Call” registries now share the National DNC Registry, but there are still a few holdouts that continue to maintain their own lists. Before telemarketers call into any of these twelve states, they must purchase a subscription to that state’s DNC list.