Your contact center is a loose cannon. Agents are making thousands of outbound calls per day, and there is no guarantee that they are operating in compliance with the Telephone Consumer Protection Act of 1991 (TCPA).
Connect First Blog Posts
This past summer, the Federal Communications Commission (FCC) revisited its Telephone Consumer Protection Act of 1991 (TCPA), and issued several important clarifications that are now directly impacting organizations.
Despite all of the recent attention surrounding the Telephone Consumer Protection Act of 1991 (TCPA)—that is, the law which protects consumers from unwanted solicitations in the form of text messages, automated dialers, prerecorded messages, and faxes— many contact center managers are still choosing to take a cavalier approach to TCPA regulations by being lax about their telephone solicitation policies.
On May 27, 2015, the Federal Communications Commission (FCC) released a fact sheet that summarizes proposed TCPA rulings Chairman Wheeler has distributed to the other FCC commissioners. Although the fact sheet contains few substantive details— and the full text of the proposed rulings was not released— the rulings are intended to address two dozen pending TCPA petitions. Relevant topics to be addressed in the rulings include the definition of “automatic telephone dialing system” and liability for calls made to reassigned numbers.
A few years ago the outbound dialing market was written off as “dead.” The Do Not Call (DNC) Registry of 2004 in the US, and similar regulations and requirements in other parts of the world, seemed intent on preventing companies from using outbound dialing solutions to reach their customers. While this interpretation was justified, it wasn’t the true goal of these regulations.
Last year, Buccaneers LP (Bucs) successfully obtained dismissal of a class action TCPA junk fax litigation case by making a full settlement offer to each of the named plaintiffs. The district court held that, because the Bucs offered the maximum amount each plaintiff could recover for alleged TCPA violations before the plaintiffs tried to certify the lawsuit as a class action, the case became moot. This defense strategy, known colloquially as “picking off the plaintiff,” is often used in an attempt to avoid class action litigation.