Staying Compliant – and Out of Court – with the TCPA

One of the many ways that technology is changing and challenging our business is through the increased use of cell phones by consumers. What do you need to know about the rules and guidelines governing your dialing systems when calling cell phones?

Firms need to consider the differences between various kinds of telephone communications and how to avoid collection errors that can cost you real money. There are some practical ideas you can implement that will help you improve your communications compliance, and, over time, limit your company’s regulatory exposure and reduce the overall cost of litigation.

This reference guide distills the information presented in our webinar. It comes complete with a link to the full recording of the webinar – great for use for all-staff trainings and quarterly in-services – as well as the slide deck and full transcript of the webinar. This guide doesn’t just walk through what agencies should and should not be doing, going forward – it contains the full Q&A from the webinar, too.

Product: PDF Download, including link to webinar video, slide deck, and full transcript of the webinar

Pages: 64 pp including appendix

Published: June 2016

Table of Contents

• Contributors
• How to Use This Guide
• The ATDS Conundrum – What is Manual Dialing?
• Prior Express Consent
• Scope of Consent
• Best Practices for Obtaining Consent
• Revocation of Consent
• Reassigned Numbers and the TCPA
• The TCPA in Court
• Q&A from the Webinar
• Does a mobile phone user’s voicemail identifying himself, stating his number, and indicating that this is the number with which the person can be reached, equal prior express consent to be autodialed and prerecorded messaged?
• In the most technical sense, could an individual working for a business, calling with a smartphone, count as a violation? Because a smartphone can download such a wide range of apps, one of which can likely make it dial automatically.
• If a manual system/clicker system is used for all cell phones, safe to say consent and all the headaches that come from managing it is irrelevant?
• If we change the word “call” to “contact,” does that expand our consent to text message?
• What is the statute of limitations on consumer actions taken due to TCPA violations?
• Let’s say I’ve got a Wells Fargo account, and that gets sold. And the consumer goes to Wells Fargo later and revokes consent from Wells Fargo. That doesn’t revoke the consent anymore, does it, because Wells Fargo is no longer in possession of the right about revocation. Is that correct?
• Appendix A: Webinar Slide Deck
• Appendix B: Webinar Script