Earlier this year, a leading website domain operator was hit with a class action lawsuit when a consumer claimed that the company sent him unsolicited advertisements via text message.
The plaintiff is now arguing that the operator violated the Telephone Consumer Protection Act (TCPA) — a complex law established by the Federal Communications Commission (FCC) that regulates how companies are allowed to communicate with consumers about products and offerings.
The operator admitted that the text messages in question originated from a third party marketing agency that the company hired to manage an outbound texting campaign. As of right now, the case is still unsettled but I wanted to weigh in on it because there is an important lesson to be learned for customer service administrators, regardless of who wins:
Companies today need to be very, very careful with outbound communications because consumers have little tolerance for practices that seem overly-aggressive, intrusive or “spammy.”
As this case demonstrates, some consumers are actively looking for opportunities to penalize companies for behavior they deem to be inappropriate.
What’s more, the TCPA is just one of a long list of regulations — state and federal — that you need to be aware of. For instance, there are state-specific Do Not Call lists as well as state-specific requirements for things processes like monitoring and recording authorization, among others. At the same time, there are certain exemptions that you can capitalize on.
Of course, some companies regularly experience class action lawsuits from their customer outreach campaigns and treat them as little more than a drop in the bucket. But this is not the right approach. In addition to being expensive, class action lawsuits can be very damaging to a brand, and they can alienate customers and shareholders. And for a small to medium-sized business (SMBs) that lacks the financial resources of a large enterprise, the damage resulting from financial penalties, court fees and lost customers could be disastrous.
With this in mind, stop and consider who is overseeing your business’s outbound campaigns. How much experience do your internal sales and marketing managers, or your business’s outbound contact center solutions provider, have in dealing with the underlying legal complexities that you are facing?
At InfoCision, we understand that outbound communications can be very complicated. But it’s also an important aspect of business growth. For this reason, we provide our customers with direct access to a team of experienced legal professionals who work tirelessly to ensure that all campaigns operate in strict accordance with state and federal telecommunications laws.
These legal experts empower our customers to confidently — yet conservatively — reach out to consumers when they need to. Our legal professionals are second to none.
To learn more about our legal & compliance expertise, contact InfoCision today.