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FCC Requirement Changes for Autodialed Telemarketing Calls to Wireless Telephone Numbers In a Report and Order issued by the Federal Communications Commission (FCC) in February 2012, several new requirements for telemarketers were put into effect pursuant to the Telephone Consumer Protection Act of 1991(TCPA). One of the new obligations going into effect October 16, 2013 requires that: Companies must obtain prior express written consent from consumers prior to using an auto dialer to make telemarketing calls to their wireless numbers. The significant change is that the consent must be written and signed, and the “existing business relationship” exclusion has been removed. Written “signed” consent can be given by any medium or format permitted by the E-Sign Act, meaning consent via email, website form, text message, telephone key press, or voice recording. Make sure you are ready by identifying all wireless numbers on your customer file! Relevate’s real-time wireless services include an integrated three-step process to identify wireless telephone numbers so they may be flagged on customer data files. 1) The Telecom Routing Administration file identifies blocks of wireless assigned telephone numbers. Data provided includes the assigned service provider, the type of service that is provided (e.g. wireless), the associated Rate Center and State/Province/Country, and a Portability Indicator. The file comes with a disclaimer stating that 100% accuracy is not guaranteed as there are occasionally cell phones identified as landlines and vice versa. 2) A ported telephone number file is also used to identify phone numbers ported from landlines to cell, and cell to landlines. This data is received and updated weekly. Steps 1 and 2 are provided by many services providers. Relevate’s wireless identification service includes an additional step: 3) Cell phones are identified by area code/exchange and block ID (7th digit of phone number). A match indicates the number has been assigned to a wireless carrier. Companies should ensure that they process their data as described above immediately preceding any outbound auto dialing campaign to avoid any FCC fines or other actions. Additionally, companies should consider including this process in their inbound customer service calls to identify wireless callers at the time of the call. Compliance Documentation: Customers using Relevate’s wireless telephone identification services may include the details of the service in their corporate compliance documentation. This document is provided for informational purposes and is not intended to be legal advice. Please consult with your attorney to determine the correct course of action for your business. New changes in effect October 16, 2013 require written consent from consumers Avoid fines of $500 per incident Reveal the Power of Marketing Data www.relevategroup.com (800) 523-7346 [email protected]
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FCC Requirement Changes for Autodialed Telemarketing Calls

Mar 16, 2022

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Page 1: FCC Requirement Changes for Autodialed Telemarketing Calls

FCC Requirement Changes for Autodialed Telemarketing Calls to Wireless Telephone Numbers

In a Report and Order issued by the Federal Communications Commission (FCC) in February 2012, several new requirements for telemarketers were put into effect pursuant to the Telephone Consumer Protection Act of 1991(TCPA).

One of the new obligations going into effect October 16, 2013 requires that:

Companies must obtain prior express written consent from consumers prior to using an auto dialer to make telemarketing calls to their wireless numbers.

The significant change is that the consent must be written and signed, and the “existing business relationship” exclusion has been removed. Written “signed” consent can be given by any medium or format permitted by the E-Sign Act, meaning consent via email, website form, text message, telephone key press, or voice recording.

Make sure you are ready by identifying all wireless numbers on your customer file!

Relevate’s real-time wireless services include an integrated three-step process to identify wireless telephone numbers so they may be flagged on customer data files.

1) The Telecom Routing Administration file identifies blocks of wireless assigned telephone numbers. Data provided includes the assigned service provider, the type of service that is provided (e.g. wireless), the associated Rate Center and State/Province/Country, and a Portability Indicator. The file comes with a disclaimer stating that 100% accuracy is not guaranteed as there are occasionally cell phones identified as landlines and vice versa.

2) A ported telephone number file is also used to identify phone numbers ported from landlines to cell, and cell to landlines. This data is received and updated weekly.

Steps 1 and 2 are provided by many services providers. Relevate’s wireless identification service includes an additional step:

3) Cell phones are identified by area code/exchange and block ID (7th digit of phone number). A match indicates the number has been assigned to a wireless carrier.

Companies should ensure that they process their data as described above immediately preceding any outbound auto dialing campaign to avoid any FCC fines or other actions. Additionally, companies should consider including this process in their inbound customer service calls to identify wireless callers at the time of the call.

Compliance Documentation:

Customers using Relevate’s wireless telephone identification services may include the details of the service in their corporate compliance documentation.

This document is provided for informational purposes and is not intended to be legal advice. Please consult with your attorney to determine the correct course of action for your business.

New changes in effect October

16, 2013 require written consent

from consumers

Avoid fines of $500 per incident

Reveal the Power of Marketing Data

www.relevategroup.com(800) [email protected]