Posted: March 23, 2017
Serving as an expert witness in numerous Telephone Consumer Protection Act (TCPA) class action lawsuits, I’ve had the opportunity to see firsthand the common issues surrounding TCPA violations.
While there are several others, a particularly high area of risk is wrong party contacts placed to wireless numbers using an ATDS. Whether it is a concern of wrong party contacts or a focus on more efficient contact strategies, organizations may attempt to reach the correct party utilizing skip tracing techniques. However, with new contact information comes new consent requirements.
Thus, the rewards of skip tracing may also bring risk. Watch the short video below to learn why the practice of skip tracing is a TCPA issue.
Considering the scrutiny surrounding TCPA violations, companies must ensure they have the proper consent, among other compliance concerns, before placing autodialed calls to cellphones – even for debt collection. This means that skip tracing, calling references, or any other practice where the consumer did not provide their prior express consent to be called on their cellphone, should be under careful scrutiny in terms of dial method.
Thus, it is important to know the rules, understand the risks, and implement common sense procedures to protect your company’s interests.
We understand the various requirements impacting your consumer contact activities can be difficult to navigate and to accommodate into existing compliance efforts. For more information regarding the impact of the TCPA or any of the state or federal consumer contact requirements, please reach out to firstname.lastname@example.org.
Ken Sponsler, CIPP, PMP, is the Vice President & General Manager of the Direct Marketing Compliance Practice at CompliancePoint.