TCPA Legal Action Thrown Out

Recently, I came across a blog post about a TCPA class action lawsuit that was thrown out for being frivolous to say the least.

Without getting into too much detail, a man recently tried to sue Citibank, claiming that its direct marketing efforts were a violation of the federal Telephone Consumer Protection Act. The man claimed that he contacted Citibank in May of 2011 to apply for a credit card. As part of the application process, he gave his cell phone number to the bank and a few days later he received a text message with a promotion for Citi Cards (Citibank’s credit card). That message said he had the opportunity to opt out of future text messages by simply replying with the word “stop.” He did this, and Citibank sent him a final text, confirming that he would no longer receive promotions through the text message program. The man then proceeded to file suit in the Southern District of California, where he argued that the final confirmation text message violated the TCPA.

Now, if the man had opted out of the text message program and continued to receive promotions, I could very easily understand why he would be upset. That would be a direct violation of the law and his rights would have been considered to be infringed upon, but this simply was not the case.  The ruling in this case helps set a precedent and protects the industry from frivolous lawsuits like this in the future.

New Technology in Contact Centers

The teleservice industry is continuing to evolve and as direct marketers, we must adapt to the way consumers choose to connect with us. The digital age is thriving and things like text messages, email and social media are becoming more and more popular mediums of communication with consumers. When I look at this particular case, I am encouraged to see the judge’s decision reflects a balance in protecting the rights of consumer privacy with that of legitimate business interests.

With all of this being said, I think it is important that call centers, like InfoCision, understand our role in all of this. We have to remain compliant and follow the regulations that are in place. Here at InfoCision, we have invested millions of dollars in technology and dedicated resources to ensure all of our campaigns comply fully with all applicable laws and regulations, including the TCPA and the Federal Trade Commission’s Telemarketing Sales Rule (TSR).  We also have to be aware that our industry is unfortunately often under scrutiny. Violations by a few bad actors could ultimately result in more restrictions on our business. The new advances in technology are enabling us to expand consumer choice and create a superior customer service experience.

The Importance of Call Center Compliance

As every business leader knows, there are always going to be times when an organization must take risks.  However, when it comes to regulatory compliance in the call center industry, taking risks should never be an option.  Capital One Financial Corp, which has been working exclusively with low-cost offshore call center vendors, was recently fined $210 million dollars by the Consumer Protection Bureau for deceptive marketing tactics undertaken by their offshore call center partner.  Unfortunately, because the call center was short cutting training and quality processes, the client has become responsible for significant fines resulting from the fraudulent practices by their offshore call center agents.

Capital One released a statement in response, “Capital One’s third-party vendors did not always adhere to company sales scripts and sales policies for payment protection and credit-monitoring products, and the bank did not adequately monitor their activities.”

Compliance at InfoCision
No company should ever have to issue a statement like this because of the unethical practices of their marketing partner.  Here at InfoCision, our policy is that WE, not our clients, are primarily responsible for meeting the state and federal requirements for every program that takes place in one of our call centers.  We provide our clients with a dedicated team of regulatory compliance experts to give them peace of mind in all aspects of the management of their campaign.  As a company, your reputation is too important to leave to chance.

Welcome to The Right Call

Welcome to The Right Call!  In conjunction with InfoCision’s brand new website at www.infocision.com, we are also rolling out a new blog that we hope will be a marketplace for ideas in the call center and direct marketing industries.

At InfoCision, we have industry-leading experts on staff who are committed to providing their teams with the tools to deliver outstanding results for our clients.  These senior management team leaders will be offering advice and applicable tips that we have found helpful in our daily business operations, hiring efforts, strategic decision making and much more.

And we hope that our new website will be a valuable resource for companies and organizations looking for a direct marketing and/or call center partner; as well as job seekers who are looking for a meaningful career in the variety of positions that we employ.  For both groups, the new website should give you a good idea of our company culture, our family-friendly culture and our commitment to excellence and quality in all we do.

I encourage you to look the website over, and then contact us further if you would like more information on whether InfoCision is “The Right Call” for you.  I also encourage you to check www.the-right-call.com often to engage in some meaningful dialogue about a host of topics related to our industry.

 

Steve Brubaker

Chief of Staff

InfoCision

More than lip service: Quality involves detailed analysis

InfoCision’s commitment to quality never wavered through its growth and expansion. “Our goal is to deliver our clients the highest possible return on investment, and our commitment to quality has enabled us to produce superior results,” says Brian Feisthamel, director of quality assurance at InfoCision.

InfoCision actively demonstrates its belief in quality through its quality assurance process called Q3®, an evaluation system that provides instantaneous feedback to call center employees.

Quality monitoring is invaluable because it provides feedback for Communicators so they understand how to improve, which can lead to increased sales or donations, or higher customer service levels. The ability to customize a program on the fly to meet client needs is a key differentiator for InfoCision. In fact, it played a role in InfoCision securing a multimillion dollar contract with a leading national wireless provider; now one of InfoCision’s largest clients.

Quality assurance also plays a part in InfoCision’s ability to expand rapidly to meet client demand. In the last 10 years, InfoCision has added 24 call centers and more than 3,000 employees. Being able to match the quality and performance of its existing centers within the first month of operation is a real game changer.

The Q3® system involves a threetiered evaluation process, Feisthamel explains. The process scores call center agents at multiple levels and involves 112 individuals across all InfoCision locations.

To ensure consistency among these three sets of evaluators, InfoCision conducts monthly calibration exercises and accuracy ratings. “The Q3® system was developed to ensure we have checks and balances in place and that all procedures, corporately as well as for our clients, are handled properly,” he noted.

This is an excerpt from InfoCision Marketing Solutions Magazine, Fall 2011.