Are You Compliant with the New FCC Rules?

On Thursday June 18th, the FCC approved a TCPA Declaratory Ruling that is meant to “protect consumers from unwanted robocalls and texts.” The ruling was approved by a vote of 3-2 and the official text was released, and became effective, on Friday July 10th.

So, what does this new policy mean moving forward?

An instrumental part of providing the utmost quality of customer care in the contact center space is compliance with privacy restrictions implemented by governing regulatory bodies, such as the Federal Communications Commission (FCC).

InfoCision has reviewed internal policies and procedures to ensure full compliance with the Ruling and have implemented the most conservative standard to protect our clients, our company and our employees. We also encourage all organizations to make sure any third party vendors they utilize are compliant.

As an industry leading expert in compliance, we are providing a brief summary of the FCC Ruling for your reference.

ATDS (Automatic Telephone Dialing System)                                   ATDS is defined as any device or equipment which has the current or potential capacity with software modifications or additions to store or produce telephone numbers to be dialed randomly or sequentially without human intervention.  The hardware determines whether the equipment is an ATDS or not, i.e. if the hardware configuration cannot dial without human intervention without additional hardware, it is not an ATDS. The definition also includes calls to a set list of numbers using an ATDS.

The TCPA’s express consent requirements for calls to cell phones apply if the calls are made using an ATDS or prerecorded message.

It’s critical when contacting a cell phone number to use a manual dial solution which meets the specific terms required by the FCC.

Re-Assigned Numbers, Called Party and Wrong Number Calls         The TCPA exempts calls made to cell phones using an ATDS or prerecorded message if the “called party” provided prior express (written) consent for such calls.  The FCC has expanded the determination for who the called party is, in situations where the caller intends to call one person but unintentionally reaches another.  This situation could occur primarily when a number has been reassigned without the caller’s knowledge.  According to the FCC, businesses will have only one opportunity to call a reassigned number.

Text Messages                                                                                       Text messages are defined as a call to a mobile number and subject to TCPA consent and dialing requirements.

Remaining compliant is imperative for the respect and safety of your consumers as well as protecting an organization from significant monetary liabilities.

Click here to read more about regulatory compliance standards in the contact center space.

Steve Brubaker began his career at InfoCision in 1985. In his current role as Chief of Staff and as a member of the Executive Team, he is responsible for HR, internal and external communications, and manages the company’s legal and compliance departments. Brubaker is a member of a number of professional organizations, including the DMA and PACE. He also donates his time to serve on several university boards, including the Executive Advisory Board for The Taylor Institute for Direct Marketing at The University of Akron and The University of Akron Foundation Board. He has also been honored with a number of awards and recognitions for his contributions to the call center industry, including the ATA’s highest honor, the prestigious Fulcrum Award.

Direct marketing compliance update: DMA in DC and cell phone consent changes

I came away from the conference encouraged that there are so many experts in our industry who understand the value of engaging with policy-makers in Washington. We must educate the policy-makers and help them understand the huge impact the DM industry has on our national economy – 9.2 million jobs and more than $2 trillion in annual sales in the US.

I was recently in Washington, DC for the DMA in DC Conference, an annual event at which data-driven marketers and fundraisers meet face-to-face with the Federal Trade Commission (FTC) and Members of Congress to discuss issues and regulations impacting the industry — and what needs to be done to ensure responsible access to marketing data.

Direct marketing compliance takeaways from the DMA in DC Conference

I came away from the conference encouraged that there are so many experts in our industry who understand the value of engaging with policy-makers in Washington.  We must educate the policy-makers and help them understand the huge impact the DM industry has on our national economy.  Balancing the concerns of consumers with the needs of marketers is critical.

While some lawmakers are beginning to grasp the value of our business, others are totally unaware that our industry provides 9.2 million jobs in the United States and accounts for more than $2 trillion in annual sales – and unnecessary legislation that negatively impacts the industry hurts the national economy.

Here are some issues I’ll be discussing in the coming weeks:

  • What’s going to become of the post office?
  • Proper information privacy – especially as it pertains to information from social networking sites
  • Data security and recovery systems
  • Mobile phone calling regulations.

New FCC TCPA requirement:  You must obtain prior express written consent for all autodialed telemarketing calls to cell phones

On September 17, 2012 the Office of Management and Budget (OMB) approved the FCC’s revisions to the Telephone Consumer Protection Act (TCPA) requiring express written consent for telephone solicitation messages (including text messages) placed using a prerecorded voice or an automatic telephone dialing system to cellular telephone numbers.  The express written consent requirement is set to go into effect on October 16, 2013.

This requirement will have an impact on any business or organization that calls cell phone numbers that have been provided to them by consumers. It is no longer acceptable to call a consumer just because they gave you their number and/or you have an existing business relationship with them.  Rather, when consumers give their phone number they must also proactively give consent, such as checking a box online signifying your organization may contact them, if it is a mobile number.

We encourage everyone to make sure their data collection forms and procedures are compliant with the new rule by working closely with your marketing partners and internal legal counsel in fully addressing how the new rule specifically affects your organization.  As always, your dedication to direct marketing compliance should never waver. For more information on InfoCision’s robust compliance systems, please follow this link.