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Why Telemarketing Software is Critical for Regulation Adherence

May 13, 2015
By Susan J. Campbell - Telemarketing Software Contributing Editor


The concept of telemarketing doesn’t always leave warm and fuzzy feelings for the typical consumer. If you’re older than 30, you’ve experienced the in-the-middle-of-dinner calls by the assertive agent unwilling to take no for an answer. For years, this approach to selling products and services proved very profitable, until consumers had had enough and started to demand that they no longer wanted to receive such calls. The movement threatened the industry and the potential for telemarketing software to turn a profit. 




Today, regulations have gotten even more strict, with the Federal Communications Commission (FCC (News - Alert)) laying out intense guidelines for the telemarketing industry. As consumers increasingly disconnect the landline in favor of a mobile device, companies pushing their services and products with the use of telemarketing software were forced to turn to different options to reach the customer. Those options often included the use of the mobile number – a clear rule-breaker in the telemarketing world.

For the live agent who wants to reach out via the mobile number to make a connection with a current customer, this activity isn’t what captures the attention of the FCC most of the time. Instead, the government agency is looking at those who use auto dialers and/or prerecorded messages to connect via mobile. Telemarketing practices that rely on these kinds of connections are forbidden and a failure to adhere to the TCPA (Telephone Consumer Protection Act) can land a company in hot water with the FCC.

Call-Em-All, Ifonoclast, M.J. Ross Group and PoliticalRobocalls.com all learned firsthand how a failure to adhere to FCC rules can hurt the bottom line. Each was issued a citation by the FCC for failing to avoid the use of robo-calls to mobile numbers. While most of the companies did comply with FCC requests for information, demonstrated they had expressed consent and that they weren’t calling numbers on the federal Do Not Call list, there were a number of automated calls placed to mobile numbers.

In Call-Em-All’s case, more than 55,000 auto-dialed calls went to mobile phones. The TCPA does allow exceptions to the prohibition placed on auto dialed calls to mobile devices, especially in emergency situations or where prior express written consent was provided. The FCC determined in this case, however, that none of the calls made to mobile phones by Call-Em-All fit the description of an exception. All companies cited have an opportunity to respond and any subsequent violations could cost as much as $16,000 per violation in penalties.

The ability to adhere to government and industry regulations is essential for all telemarketing companies hoping to still turn a profit. This is where telemarketing software can make a difference, putting systems in place to ensure compliance so these companies can worry less about breaking the rules and instead focus on results. 





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