Call centers make hundreds of telemarketing calls per day. That’s hundreds of opportunities for agents to unknowingly violate federal, state, and local telemarketing regulations and conversation compliance. While call center agents speak to customers or prospects, they risk violating laws under the Do Not Call (DNC) and Telephone Consumer Protection Act (TCPA) that they may not be aware of.
Here are 12 hidden call center risks in agent conversations that you need to know to ensure your calls and efforts are compliant.
Obtaining proper consent before dialing
One of the biggest hidden risks a call center agent can take before picking up the phone is not checking to confirm that they have the proper consent before dialing. While obtaining proper consent may seem straightforward, there are some nuances.
The TCPA requires prior express written consent for telemarketing calls made to cell phones using an automated telephone dialing system (ATDS), otherwise known as an autodialer. Prior express written consent means that there must be a written or oral agreement, signed by the person receiving the call or text to consent to being contacted. This is required to achieve conversation compliance.
This carveout is specific to each organization and must be maintained to provide proof of consumer consent. The ways to get consent in “writing” in the digital age include website forms, text messages, telephone key presses, and voice recordings (varies by state).
Treating all the states the same
The next hidden risk that agents need to avoid is treating all states the same when it comes to outbound calling. When it comes to telemarketing regulations, it is not a one-size-fits-all approach. 12 states have their own telemarketing legislation, and 11 states currently operate their own Do Not Call list in addition to the federal Do Not Call registry.
The federal TCPA does not preempt state laws, so it’s imperative that agents know the different rules and regulations of each state they are calling into.
In most cases, state legislation differs from the federal TCPA in the case of:
- Call curfews/calling hours
- Call frequency
- Consent requirements
- The definition of what constitutes an ATDS
- Minimum and maximum penalties per incident
Making the proper disclosures
Another hidden risk that agents need to be made aware of when hitting the phones is making the proper disclosures. Disclosure requirements can include stating your name, your organization, why you are calling, recording notices, and more.
Disclosure requirements can differ by industry, call purpose, state, and more. This is why agents need to be aware of the hidden risks that come with making outbound calls.
Recording and storing personal information
Recording and storing personal information is another hidden risk agents need to be conscious of. There are various laws and regulations surrounding personal identifiable information (PII). In general, most data privacy laws require organizations to safeguard PII by encrypting it, controlling who has access to it, or taking other cybersecurity measures.
Examples of PII include social security numbers, financial account numbers, and medical information, student education records, and more.
Leveraging a conversation intelligence (CI) platform can help alleviate this risk for agents. With CI, personal information can be automatically redacted from call recordings and transcripts, ensuring your agents are risk-free.
Making calls outside allowed calling hours/holiday solicitation bans
The next hidden risk agents should be aware of is call curfew. Be aware that the TCPA prohibits businesses from calling consumers before 8 a.m. or after 9 p.m. At the state level, these hours could differ.
There are also restrictions around holiday calling hours. Calls to phone numbers in certain states could result in violations of that specific state’s holiday calling solicitation restrictions. Different states have restrictions on various holidays each month, so it is critical that your agents stay in-the-know with these monthly changes so organizations remain risk-free.
Ignoring litigator and RND lists
There is an established group of known serial litigators that specifically target and entice telemarketing and collections organizations into calling them to initiate a class action lawsuit. These litigators, sometimes referred to as “litigator sharks,” use the TCPA to their advantage to create egregious lawsuits against TCPA violators. These litigators have extensive knowledge of TCPA regulations, court precedents, and compliance strategies, making them experts in navigating TCPA litigation.
Litigators take advantage of the TCPA’s status as having the largest pay-outs in the history of American class action lawsuits and have been known to abuse the regulations to make TCPA litigation a big business, therefore someone you do not want to ignore during your outbound calling campaigns.
Ignoring the Reassigned Numbers Database is another hidden risk of outbound calling. Under the TCPA, consent is associated to the consumer being called, not the phone number. Therefore, callers will be held liable for soliciting phone numbers for which they previously obtained consent to contact if the number has since been reassigned. To avoid calling reassigned numbers, organizations must scrub their contact databases against the federal reassigned numbers database to identify these numbers.
Using an autodialer to call a cellphone
Agents need to be aware of using an autodialer when calling cell phones. The TCPA prohibits telemarketers from calling wireless phone numbers using an ATDS unless the caller has obtained prior express consent, or if the call is being placed for emergency purposes. TCPA wireless restrictions apply to all wireless numbers, residential and business. This means that even if a number is being used for business purposes and is provided to you as such, you are at risk of a violation.
Malicious caller ID spoofing
Caller ID spoofing is when the caller’s name or business does not match the telephone number. The FCC prohibits caller ID spoofing with the intent to defraud, cause harm or wrongly obtain anything of value.
On the state level, the rules on caller ID spoofing vary. Agents must perform their due diligence when calling into different states to avoid risk. Louisiana, Illinois, Ohio, and Wisconsin are just some of the states that prohibit caller ID spoofing of any kind.
That’s why it is so important to implement branded calling or branded caller ID to your process so that customers know who is calling.
Unsolicited text messages
Under the TCPA, all marketing calls including SMS or text messages are subject to government regulation in addition to calls. However, unlike the TPCA, you must obtain prior express written consent before contacting someone via SMS or text message—regardless of whether you are using an autodialer.
This means that consumers do not have to opt-out or be on a Do Not Call (DNC) list to avoid being contacted by text message. A business is not permitted to text a consumer unless the consumer provides express written consent to be contacted via text message.
Making calls outside the organization from a personal device
While it may not seem risky for agents to use a personal device for making calls outside of your organization, there are a few things enterprises should consider before using personal cell phones to make outbound calls.
Personal cell phones may not have the same level of security as work phones. Customer data and sensitive information may not be stored properly, making agents vulnerable to hacks and breaches. Not only will there be data breaches to worry about, but organizations might also have regulations around recording and storing call data. Using a personal device makes it difficult to ensure these regulations are being met.
B2B calls: Business vs. Residential phone numbers
Contacting a business number does not violate any TCPA or DNC regulations. However, as mentioned above, it is prohibited to contact a wireless number from an ATDS. As the lines blur between personal cell phones and work cell phones, many consumers these days are using their personal cell phones for work purposes as well. Even if a wireless number is being used for business purposes, agents must obtain prior consent to contact the number utilizing an ATDS.
Zip vs. Area code to determine residency
As we established earlier, many states have legislation that differs from federal laws. That is what makes zip code vs. Area code to determine residency a big hidden risk for agents.
For example, if someone moves from Florida to Massachusetts and keeps their Florida zip code, agents may think they are calling a Florida resident when the person resides in Massachusetts. This may cause the agent to unknowingly violate Massachusetts telemarketing regulations. That’s why it is important to determine where the person truly resides before picking up the phone to dial them.
Want to protect your call center agents from telemarketing risks?
If managing the hidden risks of TCPA and DNC compliance for telemarketing sounds difficult to handle, it’s because it is. An automated solution may be right for your organization if you want to protect your agents from the hidden risks of making outbound calls. Gryph for Compliance delivers a robust, automated solution to help enterprise businesses preemptively eliminate DNC and TCPA compliance risk across their entire organization.
Gryph for Compliance is the only real-time, automated solution that mitigates risk of DNC and TCPA violations for all outbound communications. To learn more, contact us today.