As we recently mentioned
PossibleNOW has always helped companies maintain compliance in the face of
changing regulations. Contacting consumers has become a delicate dance of respecting
privacy while obtaining consent. The Telephone Consumer Protection Act (TCPA),
first enacted in 1991, was a groundbreaking move to limit unsolicited, often
automated, telemarketing calls. The act was amended in 2013 and continues to
addresses loopholes with modifications. Today marketers must obtain prior
express written consent from a consumer before delivering a call or text
message that uses an automated dialing system. The TCPA allows for actual
damages or statutory damages ranging from $500 to $1,500 per unsolicited call
or text message.
One unintended result of the TCPA has been the uprising of a
cottage industry of plaintiffs who find opportunities to bring lawsuits – both
individual and class action – against marketers and debt collectors.
PossibleNOW maintains a database with the phone numbers of known plaintiffs to help
marketers mitigate compliance risk in TCPA and Fair Debt Collections Practices
Act-related communications. We’re able to offer a litigator list, comprised of
public records, that identifies the phone numbers of plaintiffs and attorneys who have filed class action lawsuits
against telemarketers, collection agencies or credit issuers, sometimes to take
advantage of the TCPA’s damage scheme (which does not require proof of actual
Offering this database with the phone numbers of known plantiffs in conjunction with our
leading cloud-based do-not-contact application, DNCSolution
, helps marketers
ensure compliance with current consumer privacy legislation while protecting
their organization from potentially damaging lawsuits. Because the database
research is focused exclusively on lawsuits that might impact telemarketers,
call centers and debt collectors, marketers avoid over-suppressing the number
of prospects for a calling or texting campaign.
Do the limitations of TCPA make you nervous?
We’ve been there, done that. Let us lend a hand.
Labels: automated dialing, DNCSolution, DNCSolutions, Do Not Contact, Fair Debt Collections Practices Act, TCPA, Telephone Consumer Protection Act