Crackdown on Cell Phone Calls Regulations
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The document discusses new cell phone regulations for telemarketers and debt collectors. It provides 5 action points for compliance: 1) get a Subscription Account Number, 2) update call lists and scrub for wireless numbers every 15 days, 3) create a consent form for wireless calls, 4) contract with a wireless number scrubbing vendor, and 5) use tested call scripts. Violating the rules could result in legal issues and fines from the Federal Trade Commission and Federal Communications Commission.
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Crackdown on Cell Phone Calls Regulations
- 1. 1 Crackdown on Cell Phone Calls
- 2. Session Framework •New rules and regulations regarding cell phone calls •Impact for small businesses •Steps to be in compliance •Five action points Session Framework
- 3. Lora Ullerich Digital Media Specialist Cole Information Session Framework Ryan Thurman Director of Sales & Marketing Constant Center Compliance
- 4. Cole Directory • Published in 1947 • “Blue Book” • Crisscross directory of addresses and phone numbers Invaluable information for a number of industries: • Telemarketing • Debt collection • Law enforcement Today, web-based lead generation for small business Then and Now
- 6. Features: • Webcasts • Playbook download • Articles • Buddy’s Blog • Resources
- 7. 91% of adults have a cell phone Source: Pew Research
- 8. Far more than those who have access to modern plumbing! Source: Forbes Magazine
- 9. Telemarketing Love • Cost effective • Insures a predicable, steady funnel • Quick connection to customers • Produces more sales Hate • Numbers game • Monotony of the task • Lots of rejection • Results often lackluster
- 10. •The right mindset •Proper tone, inflection, enunciation •Accurate business mailing list •A well thought-out script Effective Telemarketing
- 12. •Enacted by the FTC in 2003: •Telephone Consumer Protection Act (TCPA). •Protects consumer’s privacy. •Aggressive telemarketing tactics. •Combat telemarketing fraud. •Registered numbers are permanent. •217 Million National Do Not Call Registry
- 13. National Do Not Call Registry •Who’s exempt? •Charitable organizations. •Telephone surveyors. •Political organizations. •Companies with an established customer relationship.
- 14. National Do Not Call Registry •Sellers/businesses involved with telemarketing: •Regularly update lists. •Disclose who and reason for the call. •Call consumers during 8 a.m.-9 p.m. •Transmission of Caller ID information. •Register for a SAN number.
- 15. SAN Savvy •Subscription Account Number: •16 digit number. •Free to register up to five area codes. •Annual renewal.
- 16. •Takes effect October 16, 2013 •Must have prior written consent to deliver autodialed/prerecorded messages. •Scrub wireless numbers prior to outbound calls every 15 days. •TCPA cell phone consent laws protect business cell phones as well. New Cell Phone Consent Rules
- 17. Small Business Compliance •DNC List •Written consent form •Ported wireless numbers •How dialers play into it •15-day scrub rule •Wireless no call states: TX, NJ, AZ, LA, WY
- 18. DNC Compliance Cole Information •Only landline numbers are given •Clearly identifies Numbers OK to call •Scrub numbers every week
- 19. Get Consumer’s OK in Writing • Use cell phone ID technology to identify cell phone numbers and ported numbers (see FCC warnings). • Seek specific representations from creditor clients on whether client had prior express consent to call consumer using dialer. • Have creditor clients include broad prior express consent language in consumer contracts that provide consent to call using an automatic telephone dialing system or a pre- recorded voice. (Caution – express consent contained in terms/conditions that consumer is not aware of may not be binding. See Roberts v. Paypal, Inc., 2013 U.S. Dist. LEXIS 76319 (N.D. Cal. May 30, 2013)
- 20. Get Consumer’s OK in Writing • Collectors who “capture” telephone numbers on inbound calls should have their software immediately alert the collector to obtain proper consent. • Do not capture inbound numbers and load them into your dialer. • When in doubt, manually dial calls unless or until PEC is obtained.
- 21. How Dialers Play Into It? • Careful regarding “preview/power” dialing. May not be constitute “human intervention” due to dialer “capacity” issue. See Nelson v. Santander and FCC 2008 Ruling. • Train collectors to seek proper consent to call numbers associated with account. • Document proper consent in software; identify phone fields for cell numbers when PEC obtained! (could help avoid class cert.)
- 22. How Dialers Play Into It? • Be able to distinguish between numbers received from client vs. your own skip tracing efforts. DANGER: skip tracing. • Discard random or sequential number generator programs in dialers. • Examine SEC filings, website, response to RFP - delete any references to “dialers”, predictive, auto-dialers, ATDS, etc.
- 23. 15-Day Scrub Rule •Only a 15 Day Grace Period for TCPA •Wireless no call states: TX, NJ, AZ, LA, WY. – No manual calls to cells allowed!
- 24. 24 New Approach: •Prospect in the field •Call •Take a picture •Tag the record •Capture neighbors Intelligent Mobile Prospecting
- 25. 25 Cole Home IQ •As low as $9.95/month •No monthly contract •800-220-3921 •Offer ends today @ 5 p.m. Introductory Offer
- 26. 26 •Get a SAN: https://telemarketing.donotcall.gov •Update your lists and scrub every 15 days •Create a prior express written consent form •Contract with a wireless scrubbing vendor •Use scripts that work, test and measure 5 Action Points
- 27. 8
Notas do Editor
- Good afternoon, I ’m Lora Ullerich, digital media specialist with Cole Information and today we’re talking crackdown on cell phones. Beginning in mid-October, you could be breaking the law by calling prospects on their cell phones. Learn the new telemarketing rules and how to maintain compliance as they relate to cell phones by joining us for a special webcast New Cell Phone Telemarketing Rules: What Small Business Needs to Know . Ryan Thurman with Contact Center Compliance will detail what small business needs to know during a special webcast. During the hour webcast, he’ll break down: The FCC’s Telephone Consumer Protection Act (TPCA) Update What small business owners need to know Action required to be in compliance with the TPCA rules
- Discuss today's session. Today we ’re going to go over: And one lucky attendee will be $50 richer as we ’re giving away an Amazon gift card at the conclusion of today’s presentation.
- Before we get started, I am happy to introduce Ryan Thurman, director of sales & MKGT for Constant Center Compliance Ryan, tell me a little about you & your company.
- We also have a an online community called Cole Community, where with articles, a blog & other content including past webinars we think is interesting & is beneficial to small business owners like yourself. We invite you to take a look around, check out the site & use it as a resource for your needs.
- We also have a an online community called Cole Community, where with articles, a blog & other content including past webinars we think is interesting & is beneficial to small business owners like yourself. We invite you to take a look around, check out the site & use it as a resource for your needs.
- Cole Community features articles, a blog & other content including past webinars we think is interesting & is beneficial to small business owners like yourself. Best of all, it ’s FREE! We invite you to take a look around, check out the site & use it as a resource for your needs.
- According to survey Pew Research did in May, 2013, 91% of American adults have a cell phone. And 56% of them have smartphones.
- According to United Nations report, that’s more than folks who have access to a toilet that flushes! http://www.forbes.com/sites/timworstall/2013/03/23/more-people-have-mobile-phones-than-toilets/
- For small business owners, telemarketing is a love hate relationship. While it’s: Cost effective Insures a predictable steady funnel Quick connection to customers Produces more sales & better results It’s a numbers game It’s boring to make calls and use the same script over & over There’s a lot of rejection with cold calling And when it’s all said and done, results are often lackluster.
- Effective telemarketing involves: The right mindset—what’s going on in your head when you start making calls—do you treat every call as if it’s the first call? As part of that, how’s your energy level? Do you have proper tone, inflection, enunciation? Or do you sound bored, Accurate business mailing list—one like Cole Information’s products Well thought out script—one that includes an introduction that is both engaging & also service driven— Folks you have 10 seconds to make a great first impression—before people say no thanks, or just hang up
- Effective telemarketing involves: The right mindset—what’s going on in your head when you start making calls—do you treat every call as if it’s the first call? As part of that, how’s your energy level? Do you have proper tone, inflection, enunciation? Or do you sound bored, Accurate business mailing list—one like Cole Information’s products Well thought out script—one that includes an introduction that is both engaging & also service driven— Folks you have 10 seconds to make a great first impression—before people say no thanks, or just hang up
- RYAN Just to give you some background: In 2003 the Federal Trade Commission enacted the National Do Not Call Registry as part of the Telephone Consumer Protection ACT (TCPA) of 1991. This significant legislation protects consumers who have put their number on the National Do Not Call Registry by allowing FTC and state attorneys general law enforcement tools to combat telemarketing fraud, gives consumers added privacy protections and defenses against unscrupulous telemarketers, and helps consumers tell the difference between fraudulent and legitimate telemarketing. Telephone numbers—both land line & cell phone--placed on the National Do Not Call Registry will remain on it permanently due to the Do-Not-Call Improvement Act of 2007, which became law in February 2008. As of September 30, 2011 there are more than 209 million phone numbers are on the National Do Not Call Registry.
- There are exemptions to the National Do Not Call Registry: Charitable organizations Telephone surveyors who refrain from "selling" goods or services Political organizations Companies that have an established customer relationship with call recipient
- For sellers/businesses who are involved in telemarketing, there are certain guidelines you need to follow to b in compliance with the DNC registry. These guidelines include: Regularly update their lists. Once a consumer adds their number to the Do Not Call Registry, telemarketers covered by the National Do Not Call Registry are required to search the registry at least once every 31 days and drop from their call lists the phone numbers of consumers who have registered . Disclose who they are when they call consumers Call consumers during the day Have caller id information Register for a SAN number to use the Federal Do Not Call Registry • Cole Information requires a customer’s SAN to enable access to the DNC registry and telemarketing information.
- What is a SAN Number? SAN= stands for subscription account number A 16-digit number the FTC requires when a person or business is involved in telemarketing or solicitation Each SAN number can have up to five area codes for free. You must renew your SAN on a yearly basis Ready to get started?
- new cell phone consent rules will take effect. These new cell phone consent laws will drastically change the outbound telemarketing industry. Beginning October 16, 2013, telemarketers will need to scrub out wireless numbers before initiating outbound calls. Exceptions are very limited. The new FCC rules for calling cell phones are contained in the recently amended Telephone Consume Protection Act (TCPA). The amended TCPA makes it illegal to initiate a telemarketing call using an automatic telephone dialing system (ATDS) or an artificial or prerecorded voice (robocall) to a cell phone without the prior express written consent of the person called. The FCC also explained what they mean by “prior express written consent.” Much of the so called “opt-in” data floating around in this industry will not meet the new rigorous cell consent standards. Under the new cell consent rules, the telemarketer wishing to call a cell phone will first need to obtain a signed written agreement expressly authorizing a specific entity to deliver autodialed calls or prerecorded messages for telemarketing purposes to a designated telephone number. The consent language must also inform the consumer that providing consent may not be a condition of any purchase. This type of consent is difficult or impossible for many telemarketers to obtain, thus creating the need for wireless scrubbing. Under the new wireless rules, a safe harbor exists for companies who regularly scrub against a wireless number list every fifteen days . Telemarketers must scrub against both a list of cell-phone prefixes (wireless block file) as well as a list of landlines recently ported to cell phones (NeuStar ported list). If the telemarketer accidentally calls a cell phone without consent, they may qualify for safe harbor so long as they had scrubbed against the wireless number list within the previous fifteen days. What about B2B? The new TCPA cell phone consent laws are not consumer-specific and therefore protect business cell phones along with consumer cell phones. For this reason, business-to-business telemarketers will need to engage in the same wireless scrubbing efforts in order to be TCPA compliant. Why comply? Violations of the TCPA are punishable by fines of up to $16,000 per individual call made in violation. The TCPA also allows the consumer to bring a private civil action for $500 per violation—or three times that amount if the violation was willful. Telemarketers should act quickly to engage a wireless scrubbing vendor and not fall off the October 16 wireless compliance cliff
- DNC: Here’s an example of a telemarketing list for Cole Information. Cole Information only offers customers landline phone numbers And once they put a subscription account number, the phone numbers are then scrubbed, clearly
- Just to give you some background: In 2003 the Federal Trade Commission enacted the National Do Not Call Registry as part of the Telephone Consumer Protection ACT (TCPA) of 1991. This significant legislation protects consumers who have put their number on the National Do Not Call Registry by allowing FTC and state attorneys general law enforcement tools to combat telemarketing fraud, gives consumers added privacy protections and defenses against unscrupulous telemarketers, and helps consumers tell the difference between fraudulent and legitimate telemarketing. Telephone numbers—both land line & cell phone--placed on the National Do Not Call Registry will remain on it permanently due to the Do-Not-Call Improvement Act of 2007, which became law in February 2008. As of September 30, 2011 there are more than 209 million phone numbers are on the National Do Not Call Registry.
- Just to give you some background: In 2003 the Federal Trade Commission enacted the National Do Not Call Registry as part of the Telephone Consumer Protection ACT (TCPA) of 1991. This significant legislation protects consumers who have put their number on the National Do Not Call Registry by allowing FTC and state attorneys general law enforcement tools to combat telemarketing fraud, gives consumers added privacy protections and defenses against unscrupulous telemarketers, and helps consumers tell the difference between fraudulent and legitimate telemarketing. Telephone numbers—both land line & cell phone--placed on the National Do Not Call Registry will remain on it permanently due to the Do-Not-Call Improvement Act of 2007, which became law in February 2008. As of September 30, 2011 there are more than 209 million phone numbers are on the National Do Not Call Registry.
- Cole has a new approach to prospecting is intelligent, mobile prospecting & we have an awesome opportunity for you to get in on….cole Home IQ
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