5 Important Ways to Stay Compliant with the TCPA

The telemarketing industry has changed a lot over the years. With advancements in technology as well as various laws that have been put in place, it is more important than ever for companies in this industry to keep up with the latest best practices. Specifically, complying with the Telephone Consumer Protection Act (TCPA) is critical for avoiding large fines or money judgments. Make sure that your business, and everyone making calls on behalf of your business, are aware of the following actions that must be taken (or avoided) to remain compliant with this law.

  • Never Use Deceptive or Abusive Actions

When speaking with, or leaving messages for, individuals or companies it is important to avoid any type of deceptive or abusive actions or comments. The TCPA specifically identifies this type of action as prohibited and it can result in serious penalties. Aside from the legal requirements, deceptive or abusive activities are among the most common reasons that consumers report telemarketers to law enforcement agencies.

  • Keep Your Contact Information Updated

It is your responsibility to validate and update the phone numbers, addresses, and other information you have for those you are calling as often as possible. If you call someone and they notify you that their number has changed, for example, you must have your records updated in a reasonable amount of time. This is also important for people who have changed addresses and are now in a different time zone since the hours you are able to contact people are based around their local time.

  • Pull Accurate Information from the Do Not Call Registry

The federal do not call registry is where consumers can request that their number be removed from use by telemarketers. If you have not already received explicit authorization to contact someone who is on the do not call registry (and they are not a customer or debtor), you may not contact them.

  • Frequent Training for Employees

Staying aware of not only what the TCPA states, but also the various legal rulings that have been made on cases involving this act is absolutely essential. As things develop, it is important that you quickly provide training to your employees to ensure they are acting on the latest information at all times. Employees are considered agents of your company and you can be held responsible for their actions if you haven’t taken reasonable steps to ensure they act appropriately.

  • Consult with an Attorney

Having an attorney who specializes in the Telephone Consumer Protection Act is a great way to ensure you are up to date with all relevant requirements. They can also provide insights into what activities are permitted and how to respond to a potential violation. Contact us to learn more about this important law and how to remain in compliance.

Andrew Cove
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