How to Avoid Penalties When Calling Your Database

Jessica Sanders
1000 Calls A Day

We’re going to guess that you don’t know a lot about telemarketing laws and the subsequent penalties that you’re subject to for breaking them. At 1000CAD, we keep up with the latest legislation in order to keep you legal and profitable.

The United States Federal Communications Commission (FCC) implemented the Telephone Consumer Protection Act of 1991 (TCPA) to prohibit, among other things, calls made to telephone numbers assigned to paging services, cellular phone services, specialized mobile radio services or other radio common carrier services, or any service for which the called party is charged for the call using automatic telephone dialing systems, or artificial or prerecorded voices. Penalties for breaking this law can run as high as $16,000 per incident!

Basically, the FCC prohibits telemarketers from using automated dialers like Mojo to call cell phone numbers. We go through your list and pinpoint the cellular numbers so that we can call them from a standard phone line without the use of a dialer. We also pay attention to the Do Not Call List and remove people from that as well.

If you’re asking for phone numbers on your website that you plan to call later, you must also have the correct opt-in language to gather the correct consent from your prospects. Specifically, you must feature this agreement on your landing page or opt-in form:

Yes, I want to receive special offers! By clicking the "SUBMIT" button below, I expressly authorize ___[SPECIFIC COMPANY NAME(S)]___ to call me or send me recorded messages or texts about their products and services using automated technology to my telephone/cellular number I entered immediately above. I understand that I am not required to consent in order to purchase.

We also recommend capturing an IP address, a timestamp, and a screenshot of what the consumer saw on the screen when they consented. This allows you to produce documentation when necessary, and this is crucial because the burden for proof of consent is delegated to the caller. If the consumer even alleges that they never consented you are ordered to produce evidence that they did. This is why documenting consent is so important.

At 1000CAD, we take care of all the compliance issues. You don’t have to worry about staying legal, and that allows you to focus on your business. It’s a win-win situation.

If you’d like more information on this legislation, you can find it here and here.

Don’t hesitate to reach out to us with any questions that you might have!

Jessica Sanders
1000 Calls A Day