Regulatory update: West Virginia’s “mini TCPA”

The West Virginia legislature recently introduced two new TCPA-impacting bills. The bills place further responsibility on phone companies, and also adds civil penalties, new definitions, exemptions, and prohibitions. While still early in the legislative process, it’s important to know what to expect if these bills get signed into law. 

Overview of the proposed rule

House Bill 4886

• Introduced on January 18, 2024
• Call back option:  If passed, phone companies in West Virginia will have to allow an individual to call telemarking companies back at the number where the call originated and speak to that telemarketing campaign’s representative
• Civil penalties: Phone companies could face a $1,000 civil administrative penalty, per instance, if signed into law 
• Exception: The provisions do not apply to registered call centers in the United States, or foreign call centers who contract with a company registered in the United States

Senate Bill 500

• Introduced on January 22, 2024 
• Expanded definitions: In the definition of “prior express written consent” the legislation would add the word or, so the statute refers to “telephone solicitation using an automated system for the selection or dialing of telephone numbers” 
• EBR limitations: Puts limitations on the term “established business relationship” to include communication that is initially intended for information or based on further inquiry from the customer 
• Caller ID/Spoofing: Adds caller ID requirements and prohibits callers from altering, disguising or concealing the identity of the caller to defraud, confuse, or financially or otherwise injure the called party; or obtain personal information from the called party that may be used in a fraudulent or unlawful manner 
• Timing: Restricts call time to 8 a.m. to 8 p.m. (called party’s time zone)
• Frequency: Limits call attempts for telephone solicitations to 3 within 24 hours on the same subject matter or issue 
• Provides a rebuttable presumption that telephone solicitations made to any West Virginia area code are made to a resident or a person who is reasonably presumed to reside or have a place of business in WV at the time the call is made 

What this means for your business

There are a few things this proposed rule could mean for your organization:

1. Increased compliance burden: New definitions and prohibitions elevate potential for penalties, fines, and audits due to non-compliance
2. Phone company specific impacts: Existing processes must ensure a callback option is readily available, or make operational adjustments to be in compliance as needed and introduces the ability for phone companies to incur civil penalties, in addition to other TCPA related fines

How Gryphon can help

Streamline contact and consent management

Gryphon fully supports client frequency controls for outreach, along with calling hours and other critical compliance factors in geographically specific areas. Our comprehensive compliance solution covers manual and automated calling, ensuring adherence to DNC/TCPA regulations and other jurisdiction-specific rules. With Gryphon, you can efficiently manage and track customer contact preferences and express written consent using Gryphon’s exemption/consent management engines, staying ahead of evolving compliance requirements. 

Empower purpose and efficiency

Gryphon’s ONE platform, with its carrier-grade infrastructure, provides scalable, reliable, and accurate compliance solutions tailored to evolving regulatory landscapes. Our platform offers real-time compliance support and comprehensive event logging, providing clients with the assurance of compliance and protection against legal risks. 

Why the Gryphon ONE Platform and Conversation Compliance?

• Revenue Optimization: The ability to expand the marketing contact universe, by tapping into compliance areas currently over-suppressed and/or underutilized
• Regulatory Enforcement: Gryphon enforces regulatory compliance across internal and third-party entities for DNC/TCPA, data management, and other rules
• Comprehensive Logging: Gryphon ONE platform logs every event, providing transparency through dashboards, push reports, and other data exchange methods
• Complexity Management: As regulations evolve, Gryphon simplifies the complex landscape of jurisdiction-specific rules, ensuring adherence to protect brand reputation
• Thought Leadership in Compliance: Gryphon provides nearly 25 years of expertise in contact compliance, ensuring guidance across companies of all sizes

In a landscape where compliance is non-negotiable, Gryphon’s ONE platform stands as a robust solution to navigate the complexities of compliance, offering unparalleled support for businesses aiming to protect their brand reputation and shareholders. 

If you are looking for a compliance solution to help with the ever-changing regulatory landscape, contact us today.

*This is a marketing blog and not intended nor should be interpreted as legal advice.