Why Put Your Business at Risk
According to an article in the National Law Review: Through declaratory rulings issued on Friday, June 19,  the FCC expanded the scope of the TCPA in ways that will have real litigation consequences for all companies that have calling practices. Indeed, TCPA litigation has dramatically spiked in recent years (at least 2,000 TCPA cases were filed in 2014 alone), but the FCC’s latest action will further incentivize the plaintiffs’ bar.
The Customer is Always Right
The burden of proof lies on the caller to show they have consent to call a customer or prospect. So even if you have compliance procedures in place to protect your business, calling cell phones can be a risky proposition if you are not able to support your position by having express written consent. When it comes to TCPA protection for the consumer, the Consumer Financial Protection Bureau (CFPB) almost always sides with the consumer. To further complicate this for the caller, the recent FCC declaratory ruling definition of an Automated Telephone Dialing System (ATDS) has become even less clear, making it easier for call recipients, and their lawyers, to sue.
Sign up with I Give My Consent.com today to insure all of your future telemarketing campaigns and customer contacts meet the TCPA guidelines.