Reducing Your Risk

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Here are some ways to protect your business against the growing threat of these potentially costly lawsuits:

  • Have in place written do-not-call procedures: The procedures should specifically detail how to handle and process DNC requests from consumers and how your company uses both national and company-specific DNC lists.
  • Conduct employee training: You should train your personnel on these written procedures, and there should be a process in place to monitor and enforce compliance.
  • Purchase and maintain the national DNC list: The national DNC list (telemarketing.donotcall.gov) should be purchased, downloaded, and scrubbed against your database every 31 days. If your company uses outside vendors, you should obtain written verification that the vendor purchases, downloads, and regularly scrubs the national DNC list.
  • Purchase and maintain state DNC lists: Many states have elected to use the national Do Not Call list as their statewide registry, but 12 states (Colorado, Florida, Indiana, Louisiana, Massachusetts, Mississippi, Missouri, Oklahoma, Pennsylvania, Tennessee, Texas, and Wyoming) maintain separate registries. You also should become familiar with any state telemarketing laws that may be more restrictive than federal standards.
  • Maintain an internal DNC list: Maintain a company-specific list of telephone numbers that your sales personnel may not contact, which should be checked every 30 days against the national and state DNC lists. You should promptly record and honor do-not-call requests.
  • Understand what is considered written consent: The Federal Communications Commission has adopted TCPA regulations that defines “prior express written consent” as a written, signed agreement identifying the phone number and notifying the consumer that they are not required to sign as a condition of purchasing any property, goods, or services.
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This article originally appeared in the November 2019 issue of the REAL Trends Newsletter. It is reprinted with permission of REAL Trends, Inc. Copyright © 2019. To read the rest of this issue & more, please visit our Real Trends page online.

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