The TCPA, or the Telephone Consumer Protection Act, was enacted to protect consumers from unsolicited sales calls. The TCPA requires prior express written consent by the consumer for non-emergency autodialed, prerecorded, or artificial voice calls or text messages to wireless phones (cell phones), as well as for pre-recorded telemarketing calls to residential, wired phone lines. It also applies to faxes.
Why is this important?
Because ANY phone call you make using an auto-dialer telephone system (ADTS), which can even include calls made from your cellphone, could potentially violate the TCPA if the person receiving the call did not sign a written consent for the call. Additionally, each violation of the TCPA carries an automatic statutory penalty of $500 per call. The amount goes up per call, if the court finds that the caller willfully or knowingly called someone who hadn’t consented to the call. And more people are suing, and winning, based on TCPA violations.
What should a third-party lead generator be able to provide?
If you’re using a third-party lead generator, find out if they obtain a clear, obvious agreement stating that those customers understand they’ll receive a telemarketing phone call, signed either on paper or electronically. (A verbal consent over the phone after reading an incomplete disclaimer DOES NOT count as express written consent).
Ask them to give you a copy of this customer-signed agreement as proof of consent. If they can’t or won’t, be cautious about using that third-party lead generator.
Then check that the signed agreement with the customer contains this information:
Names the identities of the telemarketers.
Says the telemarketing call may be made by an automatic telephone dialing system.
That the call may be made by artificial or pre-recorded voice.
That the person isn’t required to sign the agreement (either directly or indirectly), and that they’re not required to enter into this kind of agreement as a condition of buying anything.
That they can withdraw consent for these calls at any time.
Steps you can take right now:
• If you use, or intend to use, a third-party lead generator, make sure you review, or have reviewed, the agreement before you sign.
• The agreement should describe how the company complies with all TCPA requirements for prior written consent and proper disclosures, as well as how they intend to provide you with proof of compliance.
• Ask if they regularly scrub the National and State “Do Not Call” registries prior to making sales solicitation
If you’re accused of a TCPA violation, here are some tips:
• Contact your immediate upline/IMO.
• STAY Don’t respond directly to the complainant. Think about obtaining representation.