Is your legal call center Telephone Consumer Protection Act compliant? Legal call centers, and the law firms they partner with, must be aware of the TCPA and how this law affects communication with consumers.
The Telephone Consumer Protection Act (TCPA) is a federal law that was enacted in 1991 to protect consumers from unwanted telemarketing calls, texts, and faxes. The law outlines several regulations that telemarketers and other companies must follow when contacting consumers. The TCPA was signed into law in response to growing concerns about unregulated or harassing telemarketing calls.
At Legal Conversion Center, our team of professional agents are all trained in TCPA guidelines. All of our services align with state and federal laws, and we pride ourselves on providing only the most competent and ethical service for our partners.
Part of our dedication to quality and ethical service is helping others understand relevant laws like the TCPA. That’s why we have created this guide about TCPA compliance for call centers, law firms, and other businesses.
The primary goal of the TCPA is to give consumers more control over who can contact them and how. Conversations about the TCPA often focus on telemarketers, but the law includes companies, call centers, and debt collectors.
Law firms communicate directly with clients through telephone calls and texts. That means they are subject to the guidelines and regulations set forth in the TCPA. Similarly, legal call centers also must abide by the TCPA when communicating with clients on behalf of a law firm.
The National Do Not Call Registry was first implemented in 1992. This part of the TCPA is governed by the Federal Trade Commission (FTC). The FTC requires companies and marketers to maintain a list of consumer telephone numbers that they should not contact unless the consumer gives written consent.
The national DNC registry includes consumers who have requested that they not be contacted via telephone or text. Consumers can sign up for the registry, report unwanted calls, and report TCPA violations online. The DNC registry is enforced by the FTC and the Federal Communications Commission (FCC).
In 2015, a number of companies and trade associations petitioned the FCC for clarification of the TCPA guidelines. The Declaratory Ruling and Order was adopted with a 3-2 vote. The most relevant clarifications provided in the Ruling included:
With this in mind, it is important to, not only review the TCPA, but review the revised guidelines that were implemented after 2015.
There are multiple provisions within the TCPA that companies and call centers must be aware of in order to avoid violating the law and facing potential penalties. The TCPA requires callers to comply with all of the following:
Any entity – individual or business – that solicits business via telephone or text should comply with the TCPA. This includes any communications via call, text message, fax, or VoIP calls. Certainly, call centers must comply with the TCPA whenever they communicate directly with consumers or clients, or with individuals on behalf of another company. A legal intake call center, in particular, should be well versed in TCPA guidelines, enforcement, and requirements.
There are multiple enforcement mechanisms for the TCPA. The TCPA includes provisions that allow consumers to file lawsuits against companies who violate the law. Consumers who receive unwanted telemarketing calls, texts, or faxes can file a complaint with the Federal Communications Commission (FCC), or may take legal action against that company.
From 2019 to 2020, over 3,000 TCPA complaints were filed in federal courts. Some TCPA complaints are resolved individually, while others may enter class action lawsuit status. Companies subject to a class action lawsuit could face millions of dollars in penalties and fines. One class action lawsuit against a debt collector resulted in $925 million in penalties.
Consumers can seek damages for TCPA violations. Penalties for individual TCPA violations are:
Because the TCPA is a strict liability statute, there are no limits on statutory damages, which means the penalties can be much higher.
For call centers, there are some inherent TCPA risks that must be assessed when conducting business. The most important risks to be aware of include:
As a call center, your business is based around communication – often via telephone and text. Of course you want your business to succeed, which is why it is so important to ensure that your legal call center is compliant with the TCPA.
We hope that this guide helps you understand what the TCPA is, why it is important, and why your call center should be TCPA compliant. In addition to the information we have provided, the FTC and FCC both offer helpful information about the TCPA and national DNC list.
If you are a law firm looking for a quality call center that adheres to the TCPA, give Legal Conversion Center a call. We are committed to providing the best legal intake and call center services out there in a way that supports the law, our partners, and consumers.
LCC is a call center for legal services that partners with law firms across the United States. Call us today to find out how we can help your law firm grow and succeed.
