Whereas phones play a huge role in making marketing easy, it is always advisable to do it in moderation. That’s because as much as it is an effective strategy, it has some restrictions guiding how to go about it. An excellent example is TCPA which stands for Telephone Consumer Protection Act. It is one thing that you need to know as much as possible before engaging in telemarketing. Fortunately, this article leaves no stone unturned as far as TCPA is concerned. It discusses the following;

  • What is TCPA?
  • What is the relationship between the DNC list and TCPA?
  • Why is TCPA important?
  • TCPA penalties

If any of the above questions plague you, keep reading as we answer each of them one by one. Read on!

What is TCPA?

As the name suggests, Telephone Consumer Protection Act (TCPA) is a set of guidelines governing telemarketing calls, pre-recorded calls, automated calls, unsolicited faxes, and text messages. The first signing of the same into law was in 1991, and that raised the number of key federal rules governing telephone communication in the States from one to two. Its other counterpart was the Telemarketing Sales Rule.

The law is against using a pre-recorded voice or automatic dialer to call a mobile phone if the person to receive that call hasn’t given the caller direct express permission to do so. As a matter of fact, the telemarketer will need direct express written consent to make such a call. Here is a highlight of some of the guidelines as far as TCPA compliance is concerned.

TCPA Guidelines

  • As an agent, you shouldn’t call any residency unless it is between 8 a.m. and 9 p.m. local time
  • As a company, ensure that you maintain a do-not-call (DNC) list containing the names of people who have requested not to be called
  • Honor the DNC for five years, and don’t forget to put the national DNC list into consideration as well
  • Don’t go for automated recorded calls or artificial agents
  • The company need to share its address or telephone number with the call recipient
  • Equally important, those who give consent should be free to opt-out whenever they deem fit. For example, allow them to reply with the text “STOP” and ensure that they stop receiving your calls as soon as you receive the message.
  • When auto-dialing, ensure that the calls don’t connect to a multi-line business
telephone consumers protection act

The importance of TCPA is to ensure that the choice to opt-in to auto-dialing and call recording lies solely in the hands of the consumer. Parties that are prohibited from using pre-recorded and automated calls include debt collectors, banks, and telemarketers, to mention a few.

What is the relationship between it and the DNC list?

Based on the guidelines discussed above, the DNC list is one of the things highlighted regarding TCPA compliance. A DNC list contains phone numbers of consumers who aren’t comfortable with receiving telemarketing calls. If you want to be TCPA compliant, you must respect their choice. Therefore, avoid making a telemarketing call to a phone number that appears on the DND list.

Why is TCPA important?

The importance of TCPA is to protect the consumer from receiving telemarketing calls unless they choose to. Additionally, it leaves no room for people who exhibit intrusive calling practices. For instance, no one wants a company’s agents who keep calling day in day out even when you have clearly told them that you aren’t interested in its products at all. Thanks to TCPA, you can easily stop repeating that annoying practice by simply opting out of the company’s contact list. Once you do so, the law obliges them to stop placing such calls to you.

Equally important, the time aspect is also of great importance, especially when working with an offshore call center. Very few people are okay with receiving calls too early in the morning or late at night. However, if not attentive, the callers might find themselves calling during those hours, especially if the two parties have different time zones. Fortunately, TCPA compliance ensures that the callers don’t overlook the time difference.

However, it is important to mention that TCPA is not a hindrance to telemarketing. Companies are at liberty to use the approach. Nevertheless, how they do should be in accordance with the guidelines if the recipients are comfortable with the calls, well and good for the organizations. However, if one is uncomfortable, the company also has no other choice but to respect that.

TCPA penalties

There are definitely some dire consequences for anyone who violates TCPA. For instance, a violation of the DNC registry will see the consumer pocket around $500. The same figure applies to every call that violates this federal law. It becomes even worse if the consumer illustrates to the court that the telemarketer violated TCPA knowingly and willingly. Under such circumstances, the cost for every phone call is up to $1500.

So, as a company, can you imagine a situation whereby thousands of people file a lawsuit against your organization? It can lead to a loss of huge loss, which could have been avoided. On top of the loss, your brand may be tarnished. We all know how hard it is to build a brand and rebuild it after a saga. For that reason, ensure that everybody working in your company, especially the call center understands the compliance and its importance excellently.

Final Words

In conclusion, the importance of TCPA to consumers is indisputable. It gives them peace of mind which telemarketers wouldn’t mind violating were it not for this compliance. It gives the consumers the power to consent when receiving telemarketing calls and messages. There is no need to worry about the annoying calls, messages, and faxes because you control what you receive. On the other hand, TCPA compliance is important to the companies practicing telemarketing. It ensures that they don’t find themselves on the wrong side of the law. Last but not least, ensure that you find a marketing agency that has mastered TCPA.