Home News Are you complying with the Telephone Consumer Protection Act (TPCA)?

Are you complying with the Telephone Consumer Protection Act (TPCA)?

Posted in: Business Operations, Compliance, Risk Mitigation, Sales and Marketing

Posted on: by VGMInsBlogger

TCPA Do Not Call Rules

We all hate those annoying calls. The ones many of us get daily, coming from different area codes, trying to trick us into answering. Is your company responsible for them? Have you hired a firm to collect past due accounts or make sales calls on your behalf? If yes, you need to comply with the Telephone Consumer Protection Act (TPCA).

Recently, there have been several highly publicized class action lawsuits filed against health care providers for violating the TCPA. These claims often involve providers allegedly contacting consumers via phone without receiving prior express consent.

A quick google search of “Do Not Call Lawsuits” brings up a variety of law firms offering free case evaluation and firms that are looking to file class action lawsuits against you. There are also postings titled, “How to Make Money Off Illegal Telemarketers” and “How You Could Get $500 per Call for Those Unwanted Calls.”  

You may say, “I don’t need to worry about this; I hire out my telemarketing.” However, you may be mistaken. Many telemarketing contracts transfer the TCPA risk back onto you. After all, you are supplying them with a list of people to call.

You may say next, “I have insurance for that.” Again, you are likely mistaken, as the standard ISO General Liability contracts CG 00 01 04 13 exclude TCPA “including any amendments of or additions to such law.” The exclusion goes on to exclude any similar federal, state, or local statute. The best defense for your business to protect yourself from TCPA-related lawsuits is to understand the rules and restrictions, and remain in compliance.

If yours is a business that does any telemarketing or hires out telemarketing, you should become familiar with the TCPA and Do Not Call requirements.  CLICK HERE to download our comprehensive guide that will help you reduce your risk of being on the wrong side of a class action lawsuit. This includes a background of the TCPA and guidelines to follow regarding calling restrictions, do-not-call lists, fax advertising, auto-dialers and pre-recorded calls, as well as the penalties for violations.

If you have any questions, please contact your VGM Insurance Account Manager, or reach out to our team at 800-362-3363 or info@vgminsurance.com

Article by: Ron Green, MBA, CPCU – VP Underwriting, VGM Insurance.

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