- 2,632
Your wrong a professional plaintiff can sue you for anything. You may be right or wrong, doesn't matter. You must respond, which cost $$$
Salesdialers Not Worth a Flip, Down Again, who else to Use?
- Thread starter finalexpenseguru
- Start date
Your wrong a professional plaintiff can sue you for anything. You may be right or wrong, doesn't matter. You must respond, which cost $$$
CIServices
Expert
- 22
Agreed, so what do you propose then?
----------
Short answer is yes, you are wrong.
Slightly longer answer is that the list quality is less the issue as much as it is whether or not the list has cell phones in it.
Much longer answer is that the word "scrubbed" folks typically use in reference to a DNC scrub. Almost no one is compliant with that, but no attorneys are making a big deal out of it with little marketers. In terms of it being scrubbed against cell phones, that's another story altogether. To be fully TCPA compliant you need to scrub your list against the DNC at least every 30 days. That's annoying, but relatively easy to do (register at , download the suppression list, then use software like Predictive Dialers System, Mortgage Automatic Dialer, Make My Calls[/url] to do the scrubbing). The other major part of the TCPA is with respect to carving out cell phones and that's the issue here. If you're dialing by hand, it's a non-issue. To be compliant using a dialer ("ATDS" is the term used) then you need to scrub for cell phones at least every 15 days. There is no simple way to do that and the penalties are stiff.
Arguably a good list is more likely to have cell phones in it because it's going to have data aggregated from more places than simply the phone book which increases the odds of you have some cell phones in there. To take that a step further, even if you're calling on phonebook data, folks port their landlines to cell phones which can also cause an issue.
Another thing to consider is that the courts have upheld that the responsibility for compliance rests firmly on the shoulders of the marketers. Most list brokers will do what I refer to as a "courtesy scrub" where they'll scrub against the federal DNC, but that won't hold up in court.
Does that help or was I clear as mud?
----------
.
Is my left?
So if I use ListShack coupled with Dolphin I'm exposing myself to a lawsuit regardless?
- 11,995
There are cell phone numbers included in ListShack so using it with any ATDS does create the exposure, however slim it is. With respect to Dolphin Dialer in particular, it's unlikely that it's considered an ATDS. Because it doesn't automatically call through it and you have to click to dial the next number, that removes the automation:
ATDS Definition
As a matter of perspective, how big of a risk is it? As others have pointed out, likely not much, but I think it's worth sharing this information because I think folks should be able to make informed decisions about what they're doing.
Technically yes because since October 2013, it's been illegal to auto-dial a cell phone without written permission.
And there are 5 states where you can't even manually dial a cell phone. These states are: Arizona, Louisiana, New Jersey, Texas, & Wyoming.
I use the same set up as you, (Dolphin and Listshack)
I just recently started using a service called DNC QuickCheck. They scrub for DNC and identify cell phones. The biggest thing is it keeps a record of all your scrubs so you can use the data to invoke a safe harbor defense. It also creates your written DNC Policy & Procedures requirement and lets you email it to someone who requests it. Complete third party compliance protection for $50 per month.
The only drawback is you are limited to scrubbing 100 numbers at a time, and your limited to 10,000 numbers a month, but for the small one person agency, it's a simple solution to becoming 100% TCPA compliant.
Do-Not-Call Compliance Solutions
http://thedma.org/resources/compliance-resources/tcpa/telemarketing-safe-harbor-requirements/
Last edited:
David88k
New Member
- 16
Can someone help me figure the best way to approach this?
Starting mid January I'm going to start telemarketing around 4-5 hours a day mon-fri. I am planning on buying a bunch of aged leads from my state, CA. I know some people are using a 3 line dialer like mojo which is not compliant. Is that correct? If so than I wont go that route.
I think a better approach is using the dolphin 1 line dialer and since its only 1 line than I wont have any issues with compliance since I will be there to answer the call.
My second question is if my list has cell phone numbers in it and I call those number am I not being compliant? And how will anyone ever know that I am using a power dialer and not my personal cell phone? Assuming I use the same number to call them from?
Is it only if they are on the DNC list that makes it not compliant or is the fact that I'm calling a on their cell phone?
Starting mid January I'm going to start telemarketing around 4-5 hours a day mon-fri. I am planning on buying a bunch of aged leads from my state, CA. I know some people are using a 3 line dialer like mojo which is not compliant. Is that correct? If so than I wont go that route.
I think a better approach is using the dolphin 1 line dialer and since its only 1 line than I wont have any issues with compliance since I will be there to answer the call.
My second question is if my list has cell phone numbers in it and I call those number am I not being compliant? And how will anyone ever know that I am using a power dialer and not my personal cell phone? Assuming I use the same number to call them from?
Is it only if they are on the DNC list that makes it not compliant or is the fact that I'm calling a on their cell phone?
- 3,344
uummmmm MOJO is compliant come on man
If you're calling aged leads within 90 days of a time stamp, you should be okay regarding dnc or cell phone laws. If the're older than that than they need to be scrubbed.
If you really want to be 100% compliant, the DNC quick check service I mentioned above will scrub your data and identify cell numbers. You can use skype to manually dial the cell numbers. Because of the 100 numbers at a time limit, plan on an extra hour each day just scrubbing data, then plucking out the cell numbers. It's really a hassle to be compliant. I'm looking for a more efficient solution, but for now DNC Quick Check is the cheapest tool I've found that identifies cell numbers.
I also agree that on one line there's no way there going to be able to prove you're calling from an power dialer, but remember some states won't allow you to manually dial a cell phone either, so cell scrubbing technology is worth having imo.
Last edited:
It's good to see some agents know, understand, and comply with the laws. Others just make excuses. Saying I doubt anything will happen if I dial a few hours a day knowingly breaking the law is the same as one going to a convenience store and stealing only one candy bar, morally is it wrong - yes. Is it a huge deal? You can argue no, but do it enough times and you'll get caught.
60-80 for the power dialer, not the predictive dialer
Similar threads
