A NOTE FROM DAN: Safe Select Founder Dan Greenwell Has a Few Thoughts on the One-to-One Ruling and I Guess this is a Thing Now

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Never really thought of TCPAWorld as some sort of de fact town square, but I guess it sort of is the one place that everyone in industry turns for news and views about telecom and outreach issues. So I suppose it is only natural that CEOs would start sending me notes to share with others. Sort of like a bulletin board for TCPA lovers.

Few days ago Steve sent me a note. Today Dan has one. Fine.

Not sure how long I will continue passing on notes like these but I figured I would keep it going while I figured out if this is going to be a thing or not.

Dear Mr. Troutman:

I read with interest your recent post which included thoughtful comments from Mr. Steve Rafferty, CEO of Active Prospect.  He leads a great company.  What is interesting about the new FCC requirements for one-to-one consent and record-keeping requirements is the overlooked opportunity to make outbound calls and texts without all the higher cost for one-to-one consent, record keeping and token certification.

Amongst the new FCC requirements are specific references to limiting contact with customers when using an automatic telephone dialing system (ATDS) without one-to-one consent.  This limitation does not apply to dialer systems that are not considered an ATDS.  This means that contacting existing customers or non-customers to introduce a complimentary product or service such as insurance, home services, lawn care, home improvement, etc., can be done without specific one-to-one consent so long as an ATDS is not utilized.  The current process of express invitation (multiple party) that is being used today would still be needed.

You have previously referred to this as a “loophole” in the new FCC requirements.  Perhaps, perhaps not.  It is the recognition that most robo callers or text blasters utilize an ATDS that result in consumer harassment.

There are compliance-minded companies such as ours and several others that have developed leading technology to aid folks in outbound marketing via omni-channel methods without the expected higher cost of one-to-one consent, record keeping and associated certification.   We do this using a compliance mindset.

I just wanted to point out there is more than one approach available for outbound marketing while remaining compliant with the new FCC rules.  Overall, costs are likely to be lower using a non ATDS dialer while remaining fully compliant.

Sincerely,

Dan Greenwell

CEO

Customer Dynamics

For those of you who don’t know Dan he was TCPAWorld’s innovator of the year last year and the creator of the entire human selection dialing industry, which is growing by the day–and with good reason. Here was even a guest on our podcast a while back:

Awww, I miss out old studio!

As before I am not standing behind or endorsing everything the guy says in this letter but seemed pretty thoughtful and worth sharing.

I guess I should start charging for this though… haha

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Published by Eric "Czar" Troutman

The Czar of TCPAWorld Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems. Eric has built a national litigation practice based upon deep experience, rigorous analysis and extraordinary responsiveness. Eric and his team feel equally at home litigating multibillion dollar telecommunications class actions in federal court as they do developing and executing national litigation strategies for institutions facing an onslaught of individual TCPA matters. They thrive in each of these roles – delivering consistently excellent results – while never losing sight of the client experience. While many firms now tout TCPA expertise, Eric has been there from the beginning. He built one of the country’s first TCPA-only defense teams and began serving as national TCPA counsel for his clients nearly a decade ago. This perspective allows him to swiftly develop the right litigation strategies for dealing with recurring problems, without wasting time on tactics that are bound to fail. Eric’s rich historical perspective and encyclopedic knowledge of the TCPA landscape also make him an invaluable resource to institutional compliance teams struggling to comply with the shifting regulatory landscape. No task is too small – or too big. Indeed, Eric and his team have helped build TCPA-compliant systems and processes for some of the largest and most complex corporate entities in the country. He commonly works with in-house compliance counsel to build and implement enterprise and business-line specific TCPA solutions, performs TCPA audits and drafts and reviews proposed TCPA policies and procedures. He and his team also have the technical expertise necessary to assist call centers seeking to develop TCPA-resistant call path architecture or to modify existing telephony and software integration to better insulate from potential TCPA exposure. Eric has built a reputation for thought leadership. An avid blogger and speaker, he has been at the forefront of the industry’s effort to push for clarity and a return to sanity for the TCPA for years. He was selected to advocate for the financial services industry on important TCPA issues before the Federal Communications Commission and co-authored the nation’s only comprehensive practice guide on TCPA defense. In his spare time, Eric leads defense teams representing banks and other financial services companies in consumer finance litigation matters. He has experience representing clients in UCC, TILA, RESPA FCRA, CCRA, CLRA, FDCPA, RFDCPA and FCCPA claims, as well as in fraud and bank operations issues.

1 Comment

  1. Dan is correct. It is not difficult to engage in telemarketing and be TCPA compliant. The problem is, for companies both big and small, they want to do it “on the cheap” and often hire third parties who boast that they are TCPA compliant, but are a free ride into the courthouse. Anyone that hires an offshore call center deserves what they get. And, only a handful.of lead vendors are up to par. (Something that R.E.A.C.H. is advocating for.). But, most importantly, any good seller needs to carefully do some checking up on what their third party vendors are doing. If more of the bad vendors get out out of business, it will be better business for all concerned

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