DNC Compliance - Do You Have A SAN? Here's how to Get One.

[Thad.Sipple]

Not too familiar with all the issues regarding telemarketing these days as it has been many years since I used telemarketers. I was going to ask how to scrub a list I have with software, rather than one at a time. I think that was answered here. Still haven't tried it. The next thing I keep hearing about is cell phones. Are cell phones that are on the DNC scrubbed out with this free software as well ? What is the issue about cell phones and the list provider scrubbing them out ? Is there something you have to do different when using "dialers" to call rather than by hand in regards to cell phones ? Thanks!

You should start a new thread for each one of your questions, it may make answer them easier.

 

[Josh]

I was going to ask how to scrub a list I have with software, rather than one at a time. I think that was answered here. Still haven't tried it.

All the software will do is run the comparison, you have to get the files to compare it with from donotcall.gov.

The next thing I keep hearing about is cell phones.

As of October of last year it's illegal to use a dialer to call cell phones, regardless of DNC status.

Are cell phones that are on the DNC scrubbed out with this free software as well ?

It doesn't do treat cell phones any differently; carving out cell phones is it's own critter.

What is the issue about cell phones and the list provider scrubbing them out ?

Most list vendors are ignoring the law altogether. Ultimately the defense of "my list broker said they scrubbed it" doesn't hold up in court.

Is there something you have to do different when using "dialers" to call rather than by hand in regards to cell phones ?

Remove cell phones.

 

[CALTCAgent]

You should start a new thread for each one of your questions, it may make answer them easier.

Why ? (20 characters)



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All the software will do is run the comparison, you have to get the files to compare it with from donotcall.gov.

OK. So I download some files by zip, county, etc. from donotcall.gov and put them into this software and it compares them, and I "scrub" the ones out that should not be there ?

As of October of last year it's illegal to use a dialer to call cell phones, regardless of DNC status.

Thank you. Good to know.

It doesn't do treat cell phones any differently; carving out cell phones is it's own critter.

So, cell phones only matters in regards to if you are using sales dialers ?

In other words I may want cell phones in my list if scrubbed against dnc and only dialing by hand ?

Most list vendors are ignoring the law altogether. Ultimately the defense of "my list broker said they scrubbed it" doesn't hold up in court.

The law about scrubbing against DNC or removing cell phones for people using sales dialers ?

 

[Josh]

OK. So I download some files by zip, county, etc. from donotcall.gov and put them into this software and it compares them, and I "scrub" the ones out that should not be there ?

It will give you a file by area code and you use that to scrub against phone numbers within that area code. Once those have been flagged/remove, what's left is safe to call.

So, cell phones only matters in regards to if you are using sales dialers ?

Cell phones only matter when you're specifically using an ATDS, which is basically any device/service that let's you dial through them the way a power dialer would. If you're dialing by hand, it doesn't matter.

In other words I may want cell phones in my list if scrubbed against dnc and only dialing by hand ?

You'll be fine from a compliance perspect.

The law about scrubbing against DNC or removing cell phones for people using sales dialers ?

It's technically the same law, TCPA. The prohibition on calling cell phones and the prohibition on calling folks on the DNC are all parts of the Telephone Consumer Protection Act. What makes these rules particularly vexing is that unlike with spam laws, you don't have to prove any type of damages. If someone is on the DNC list and you call them (technically have to do it twice within a 12 month period if you read the law) they can just take you to small claims and collect $500 because of the "right to private action" and the basically stated damages. That's also per call, if you call the person a dozen times, you may end up owing them over $5k.

 

[CALTCAgent]

It's technically the same law, TCPA. The prohibition on calling cell phones and the prohibition on calling folks on the DNC are all parts of the Telephone Consumer Protection Act.

So what you are saying is that many vendors do not actually do the DNC scrub like they say they do ? ( as well as the cell phone scrub for dialer users)

And many agents also don't actually do their own scrub, for whatever reasons, and just hope the vendor did it ?

What makes these rules particularly vexing is that unlike with spam laws, you don't have to prove any type of damages. If someone is on the DNC list and you call them (technically have to do it twice within a 12 month period if you read the law) they can just take you to small claims and collect $500 because of the "right to private action" and the basically stated damages. That's also per call, if you call the person a dozen times, you may end up owing them over $5k.

What does it take to prove it in small claims, just phone records ?

Also, thanks for those great responses Josh, very helpful!

 

[CALTCAgent]

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Oooooops it reported twice.

OK, what is so stupid about these questions ?

 

[Thad.Sipple]

Reporting happens sometimes why you take it personal.

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Reporting happens sometimes why you take it personal.

Ugh....

Re-posting.


.......

 

[CALTCAgent]

Reporting happens sometimes why you take it personal.

Not sure reposting was the issue, wanted to know what is stupid ?

I am not taking anything personal, you might be talking about something else. I know you weren't happy in your e-mail about your leads to me. Since then you seem to have an issue.

 

[Josh]

So what you are saying is that many vendors do not actually do the DNC scrub like they say they do ? ( as well as the cell phone scrub for dialer users)

Most vendors will do a DNC scrub if they say they are. They almost universally don't do anything to remove cell phones; at best they focus on landline data. That still results in some cell phones getting through.

There is also no guarantee on how recent the DNC scrub was.

And many agents also don't actually do their own scrub, for whatever reasons, and just hope the vendor did it ?

Almost none do. I try to point out the registration part to help make sure people don't get caught like a deer in the headlights about it.

What does it take to prove it in small claims, just phone records ?

That's going to depend on the judge, but them just writing down when it happened has been enough in a lot of cases I've heard about. I don't know how tru it is or how savvy folks are when defending themselves. If you call a cell phone they can look it up on their records and that would be pretty damning I would suspect.

Also, thanks for those great responses Josh, very helpful!

Very glad to be able to help. Based on the amount of questions you ask and how repetitive a lot of it can be I can see why Thad thinks they are stupid questions and a waste of time, but I do believe you're sincere. Even if you weren't, lots of people wonder about these things and it's nice to be able to answer questions for folks.

 

[senior-advisor-indiana]

So there have been a lot of cases of people getting sued for calling cell phones? I assume you have proof of this? Last time I asked for proof of this all you did was post a case of someone getting sued for breaking the DNC law.