Professional plaintiffs make their living off extracting large settlements from TCPA lawsuits against telemarketers for alleged regulatory violations that can go back several years. In today’s lawsuit happy environment such cases can quickly become class actions seeking statutory damages in the millions of dollars. Call centers must take every precaution to not only vigilantly follow the rules, but maintain detailed records as proof of their “good faith” efforts. In the eyes of the courts, businesses are assumed guilty and must provide prove of their regulatory compliance efforts.

With that in mind, here are few tips that will help mitigate the risks faced by call centers and provide you with standing in court should your business find itself in the cross-hairs of a professional plaintiff. 
 

5 Tips For Telemarketers To Win TCPA Lawsuits

1. Separate ATDS and Manually Dialed Numbers. By keeping ATDS (Automatic Telephone Dialing System) phone numbers on a separate system you can build a stronger defense in court. The courts are suspicious of call centers that store all of their customer interactions on one system that systematically determines the method of dialing.  In court you will need to prove your “good faith” effort to maintain TCPA (Telephone Consumer Protection Act) compliance. Utilizing dialing systems that operate independent of each other gives you better standing before a judge.
2. Consent, Consent, Consent. Before calling, verify that you have the required type of consent, store your contact’s consent, and keep records of ongoing communications with that contact. Understanding the type of consent required can be confusing for most businesses. To solve this problem, Contact Center Compliance has created a one-page easy to follow guide for determining whether you require “Expressed” or “Written” consent based on the type of contact.
3. Text Message Are Wireless Calls. As far as the TCPA and the courts are concerned, text messages are considered wireless calls and fall under the same regulation. Yes, you will need consent. We have seen several recent lawsuits resulting for text messaging. How bad can it get?
4. TCPA Compliance Manual. If you don’t already have one, it’s time to create and maintain a compliance manual. The courts like documentation that proves proper procedures are being followed. The manual should demonstrate internal training, monitoring, and the businesses’ steps involved in enforcement. The importance of documentation cannot be stressed enough. You need documentation that demonstrates the manual is being followed and not just pages residing on someone’s computer or hidden in a desk drawer.
5. Scrub Your Contact File. Frequent scrubbing for wireless reassigned numbers and serial litigators will provide you with a more efficient contact list and may keep you out of court. Monthly or daily scrubbing is important and affordable. It is definitely the preferred alternative to paying millions to settle frivolous lawsuits for alleged TCPA violations.