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1
Crackdown on Cell Phone Calls
Session Framework
•New rules and regulations regarding cell phone calls
•Impact for small businesses
•Steps to be in compl...
Lora Ullerich
Digital Media Specialist
Cole Information
Session Framework
Ryan Thurman
Director of Sales & Marketing
Const...
Cole Directory
• Published in 1947
• “Blue Book”
• Crisscross directory of addresses and phone
numbers
Invaluable informat...
Features:
• Webcasts
• Playbook
download
• Articles
• Buddy’s Blog
• Resources
91% of adults have a cell
phone
Source: Pew Research
Far more than those who have access to modern
plumbing!
Source: Forbes Magazine
Telemarketing
Love
• Cost effective
• Insures a predicable,
steady funnel
• Quick connection to
customers
• Produces more ...
•The right mindset
•Proper tone, inflection, enunciation
•Accurate business mailing list
•A well thought-out script
Effect...
Free Scripts Download!
http://www.colecommunity.com/scripts-playbook/
#coldcallingplaybook
•Enacted by the FTC in 2003:
•Telephone Consumer Protection Act (TCPA).
•Protects consumer’s privacy.
•Aggressive telemark...
National Do Not Call Registry
•Who’s exempt?
•Charitable organizations.
•Telephone surveyors.
•Political organizations.
•C...
National Do Not Call Registry
•Sellers/businesses involved with telemarketing:
•Regularly update lists.
•Disclose who and ...
SAN Savvy
•Subscription Account Number:
•16 digit number.
•Free to register up to five area codes.
•Annual renewal.
•Takes effect October 16, 2013
•Must have prior written consent to deliver
autodialed/prerecorded messages.
•Scrub wireles...
Small Business Compliance
•DNC List
•Written consent form
•Ported wireless numbers
•How dialers play into it
•15-day scrub...
DNC Compliance
Cole Information
•Only landline numbers are given
•Clearly identifies Numbers OK to call
•Scrub numbers eve...
Get Consumer’s OK in Writing
• Use cell phone ID technology to identify cell phone
numbers and ported numbers (see FCC war...
Get Consumer’s OK in Writing
• Collectors who “capture” telephone numbers on inbound
calls should have their software imme...
How Dialers Play Into It?
• Careful regarding “preview/power” dialing. May not be
constitute “human intervention” due to d...
How Dialers Play Into It?
• Be able to distinguish between numbers received from
client vs. your own skip tracing efforts....
15-Day Scrub Rule
•Only a 15 Day Grace Period for TCPA
•Wireless no call states: TX, NJ, AZ, LA, WY.
– No manual calls to ...
24
New Approach:
•Prospect in the field
•Call
•Take a picture
•Tag the record
•Capture neighbors
Intelligent Mobile
Prospe...
25
Cole Home IQ
•As low as $9.95/month
•No monthly contract
•800-220-3921
•Offer ends today @ 5 p.m.
Introductory Offer
26
•Get a SAN: https://telemarketing.donotcall.gov
•Update your lists and scrub every 15 days
•Create a prior express writ...
8
Crackdown on Cell Phone Calls: What Small Business Needs to Know
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Crackdown on Cell Phone Calls: What Small Business Needs to Know

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Beginning October 16, 2013, you could be breaking the law by calling prospects on their cell phones. Learn the new telemarketing rules and how to maintain compliance as they relate to cell phones by joining us for a special webcast "Crackdown on Cell Phone Calls: What Small Business Needs to Know." Ryan Thurman with Contact Center Compliance will detail what small business needs to know during a special webcast. During the hour webcast, he’ll break down:
o The Telephone Consumer Protection Act (TPCA) Update
o What small business owners need to know
o Action required to be in compliance with the TPCA rules

Published in: Technology, Business
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Crackdown on Cell Phone Calls: What Small Business Needs to Know

  1. 1. 1 Crackdown on Cell Phone Calls
  2. 2. Session Framework •New rules and regulations regarding cell phone calls •Impact for small businesses •Steps to be in compliance •Five action points Session Framework
  3. 3. Lora Ullerich Digital Media Specialist Cole Information Session Framework Ryan Thurman Director of Sales & Marketing Constant Center Compliance
  4. 4. Cole Directory • Published in 1947 • “Blue Book” • Crisscross directory of addresses and phone numbers Invaluable information for a number of industries: • Telemarketing • Debt collection • Law enforcement Today, web-based lead generation for small business Then and Now
  5. 5. Features: • Webcasts • Playbook download • Articles • Buddy’s Blog • Resources
  6. 6. 91% of adults have a cell phone Source: Pew Research
  7. 7. Far more than those who have access to modern plumbing! Source: Forbes Magazine
  8. 8. Telemarketing Love • Cost effective • Insures a predicable, steady funnel • Quick connection to customers • Produces more sales Hate • Numbers game • Monotony of the task • Lots of rejection • Results often lackluster
  9. 9. •The right mindset •Proper tone, inflection, enunciation •Accurate business mailing list •A well thought-out script Effective Telemarketing
  10. 10. Free Scripts Download! http://www.colecommunity.com/scripts-playbook/ #coldcallingplaybook
  11. 11. •Enacted by the FTC in 2003: •Telephone Consumer Protection Act (TCPA). •Protects consumer’s privacy. •Aggressive telemarketing tactics. •Combat telemarketing fraud. •Registered numbers are permanent. •217 Million National Do Not Call Registry
  12. 12. National Do Not Call Registry •Who’s exempt? •Charitable organizations. •Telephone surveyors. •Political organizations. •Companies with an established customer relationship.
  13. 13. National Do Not Call Registry •Sellers/businesses involved with telemarketing: •Regularly update lists. •Disclose who and reason for the call. •Call consumers during 8 a.m.-9 p.m. •Transmission of Caller ID information. •Register for a SAN number.
  14. 14. SAN Savvy •Subscription Account Number: •16 digit number. •Free to register up to five area codes. •Annual renewal.
  15. 15. •Takes effect October 16, 2013 •Must have prior written consent to deliver autodialed/prerecorded messages. •Scrub wireless numbers prior to outbound calls every 15 days. •TCPA cell phone consent laws protect business cell phones as well. New Cell Phone Consent Rules
  16. 16. Small Business Compliance •DNC List •Written consent form •Ported wireless numbers •How dialers play into it •15-day scrub rule •Wireless no call states: TX, NJ, AZ, LA, WY
  17. 17. DNC Compliance Cole Information •Only landline numbers are given •Clearly identifies Numbers OK to call •Scrub numbers every week
  18. 18. Get Consumer’s OK in Writing • Use cell phone ID technology to identify cell phone numbers and ported numbers (see FCC warnings). • Seek specific representations from creditor clients on whether client had prior express consent to call consumer using dialer. • Have creditor clients include broad prior express consent language in consumer contracts that provide consent to call using an automatic telephone dialing system or a pre- recorded voice. (Caution – express consent contained in terms/conditions that consumer is not aware of may not be binding. See Roberts v. Paypal, Inc., 2013 U.S. Dist. LEXIS 76319 (N.D. Cal. May 30, 2013)
  19. 19. Get Consumer’s OK in Writing • Collectors who “capture” telephone numbers on inbound calls should have their software immediately alert the collector to obtain proper consent. • Do not capture inbound numbers and load them into your dialer. • When in doubt, manually dial calls unless or until PEC is obtained.
  20. 20. How Dialers Play Into It? • Careful regarding “preview/power” dialing. May not be constitute “human intervention” due to dialer “capacity” issue. See Nelson v. Santander and FCC 2008 Ruling. • Train collectors to seek proper consent to call numbers associated with account. • Document proper consent in software; identify phone fields for cell numbers when PEC obtained! (could help avoid class cert.)
  21. 21. How Dialers Play Into It? • Be able to distinguish between numbers received from client vs. your own skip tracing efforts. DANGER: skip tracing. • Discard random or sequential number generator programs in dialers. • Examine SEC filings, website, response to RFP - delete any references to “dialers”, predictive, auto-dialers, ATDS, etc.
  22. 22. 15-Day Scrub Rule •Only a 15 Day Grace Period for TCPA •Wireless no call states: TX, NJ, AZ, LA, WY. – No manual calls to cells allowed!
  23. 23. 24 New Approach: •Prospect in the field •Call •Take a picture •Tag the record •Capture neighbors Intelligent Mobile Prospecting
  24. 24. 25 Cole Home IQ •As low as $9.95/month •No monthly contract •800-220-3921 •Offer ends today @ 5 p.m. Introductory Offer
  25. 25. 26 •Get a SAN: https://telemarketing.donotcall.gov •Update your lists and scrub every 15 days •Create a prior express written consent form •Contract with a wireless scrubbing vendor •Use scripts that work, test and measure 5 Action Points
  26. 26. 8

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