fcc tcpa final amendments

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Page 1: FCC TCPA Final Amendments

FCC’s 2012 TCPA Amendments: The Do’s and Don’ts of Pre-Recorded Messages, Automated Opt Outs, and Abandonment Rates

October 23, 2012

Page 2: FCC TCPA Final Amendments

Joseph Sanscrainte

Law Office of

Joseph W. Sanscrainte

212-626-6934

[email protected]

FCC 2012 TCPA Amendments

Ryan Thurman

Director of Sales & Marketing

866-362-5478 ext. 116

[email protected]

Mitchell N. Roth 703-485-3536

Roth Doner Jackson PLC [email protected]

Page 3: FCC TCPA Final Amendments

FCC 2012 TCPA Amendments

Webinar Objectives: FCC Rules

Understand how new FCC rules came into being Understand specifics of new rules Understand when new rules need to be implemented Abandoned call measurement Automated opt outs Phasing out EBR exemption re: prerecorded calls Obtaining express written consent for calling cell phones

Webinar recording will be available on DNC.com

Page 4: FCC TCPA Final Amendments

FCC 2012 TCPA Amendments

NEW FCC RULES: BACKGROUND• 2008: FTC changes its prerecorded rules

– prerecorded telemarketing messages require express written consent

– Opt-out via automated keypress or voice-activated mechanism

– Technology “agnostic” – doesn’t matter how you make the call; doesn’t matter if its to a landline or wireless

– Successive, 30 day, per campaign standard for abandonment

• January 2010: FCC NPRM– FCC correctly concludes its prerecorded rules are different– Proposed rules keep existing FCC framework – NOT

agnostic– “Rolling” v. “successive” abandonment measurement

Page 5: FCC TCPA Final Amendments

FCC 2012 TCPA Amendments

PRED DIAL/PREREC CALLS TO CELL PHONES• Old rule: no pred dial/prerec calls to cell phones w/out prior

express consent• New rule: FCC creates two categories:

– Category 1: telemarketing pred dial/prerec calls to cell phones– Category 2: all other pred dial/prerec calls cell phones

• Category 1 - FCC divides THESE calls into:– Calls that constitute telemarketing generally: prior express WRITTEN

consent required– Telemarketing calls made by tax-exempt non-profit orgs – prior

express consent (i.e., no writing) sufficient– HIPAA calls

• Category 2 – “catch-all”– All pred dial/prerec calls to cells OTHER than above – consent only– Informational, non-telemarketing calls

Page 6: FCC TCPA Final Amendments

FCC 2012 TCPA Amendments

PREREC CALLS TO RESIDENTIAL LINES• Old rule: you need prior express consent to deliver

prerec telemarketing call to residential line– UNLESS you have an EBR – then no consent required– FTC removed EBR exemption in August, 2008 AND

required express written consent• New rule: FCC follows FTC rule

– You can not rely on EBR when delivering a prerec telemarketing call to a residential line

– must obtain express written consent for ANY such call– FCC makes clear this ONLY applies to telemarketing,

and NOT informational and non-telemarketing calls– New rule does not apply to HIPAA calls

Page 7: FCC TCPA Final Amendments

FCC 2012 TCPA Amendments

ABANDONED CALL CHANGES• Old rule: measure abandonment rate every 30

days across all calling campaigns– FTC requires measurement on a 30 day successive day

basis per campaign

• New rule: Same as FTC– Ok, almost . . . Seller has to disclose that the call was

for “telemarketing purposes” along with name and telephone number of the seller

Page 8: FCC TCPA Final Amendments

FCC 2012 TCPA Amendments

AUTOMATED OPT-OUTS• FTC rule:

– PR TM calls that “could be answered by a person” must have interactive voice or keypress opt-out

– PR TM calls that “could be answered by an answering machine” require toll-free # disclosure

• FCC rule: see above, but . . . – Unlike FTC, FCC requires opt-out during

ABANDONED CALL message– Toll-free # disclosure must be made during PR TM

messages that are in fact left on answering machines

Page 9: FCC TCPA Final Amendments

FCC 2012 TCPA Amendments

IMPLEMENTATION DEADLINES• “Start” point: 10/16/2012• New abandoned call rule (Nov. 15, 2012)• Automated interactive opt-out for prerecorded

telemarketing calls (January 14, 2013)• Phasing out EBR exemption for prerecorded

telemarketing calls to residential lines (October 16, 2013)

• Implementing rule that prior express consent be in writing for predictive dialer calls to cell phones (October 16, 2013)

• Automated, interactive opt-out for abandoned call messages???

Page 10: FCC TCPA Final Amendments

Questions ?

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Ryan Thurman

866-362-5478 ext. 116

[email protected]

Page 11: FCC TCPA Final Amendments

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