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Are Short Codes Safe Under the TCPA?

At Contact Center Compliance, we have seen increasing questions about legal risks related to the usage of SMS short codes for texting, especially related to the TCPA in their usage.  In short, we believe that there is minimal risk under the TCPA and TSR, but with over 300 class action lawsuits filed under the Florida Telephone Solicitation Act, a short code strategy should be evaluated with caution.  In this article, we detail potential risks under Federal and Florida state law.  We will also explore certain financial burdens from owning these numbers and alternatives that could reduce costs while minimizing risk. 

Don't Get Sued! How Maine's New Telemarketing Law with the RND Protects Your Business

ME LD 2234, HP 1433 is set to become the first bill to require marketers to scrub calling numbers against the reassigned number database (RND) before calling.  This bill has passed the state’s House and Senate, and it was signed into law by the governor with limited delay.  If you are calling into the state of Maine, this law WILL apply to your business. This law offers a unique benefit: it protects both businesses and consumers. Businesses can avoid costly wrong-number lawsuits by verifying phone numbers through the RND. Consumers, on the other hand, are shielded from receiving calls intended for the previous owner of their phone number.

4 Simple Steps to Comply with New DNC Registry Record Keeping

The FTC recently updated the record-keeping requirements for companies accessing the Do Not Call Registry (DNC). While the changes seem simple (tracking date of access, SAN number, etc.), they may signal upcoming enforcement actions by the FTC. The article breaks down the new requirements and offers advice on how to comply easily.

DNC Act -The Future of TCPA and TSR in the Age of Digital Communication

The proposed changes to the Telephone Consumer Protection Act (TCPA) and the Telemarketing Sales Rule (TSR), particularly focus on the definition and regulation of "robocalls." Clarity (or lack thereof) in the new definitions, how the changes could impact both consumers and businesses, the implications for consent and human intervention in communication, and the potential effects on employment in contact centers.

New Illegal Compliance Practice Uncovered – Is Your Vendor Legal?

A proposed settlement between XCAST Labs, Inc and the Federal Trade Commission brings a focus to the rules around Subscription Account Numbers (a “SAN”) and proper usage of the Do Not Call Registry by marketers. If your vendor is placing calls or scrubbing lists without following these SAN rules YOU are liable, and it will cost you with the FTC. Are you unknowingly accessing the registry illegally through your scrub provider?

New Illegal Compliance Practice Uncovered – Is Your Vendor Legal?

A proposed settlement between XCAST Labs, Inc and the Federal Trade Commission brings a focus to the rules around Subscription Account Numbers (a “SAN”) and proper usage of the Do Not Call Registry by marketers. If your vendor is placing calls or scrubbing lists without following these SAN rules YOU are liable, and it will cost you with the FTC. Are you unknowingly accessing the registry illegally through your scrub provider? Read on to learn more…