Spearheading TCPA Compliance at Next Call Club

Technology Checks

These are just some of the technology checks that help Agents comply with the Telephone Consumer Protection Act (TCPA).

Scrub Against Known Litigators

Avoid stepping on a landmine by unknowingly calling a TCPA litigator–someone known/likely to file lawsuits under the act

Verify Phone Number Matches Lead

Mistaken identify happens. Ensure you’re calling the right person–the person who actually opted in for marketing communication in the first place

Confirm TCPA Opt-Ins for Calls, Texts, and Emails

You can’t afford to skip opt-ins. Verify every lead as having opted in with language that meets–or beats–the TCPA’s most stringent standards.

R.E.A.C.H.

We’re A Proud Member of R.E.A.C.H.

Next Call Club is proud to be a member of Responsible Enterprises Against Consumer Harassment, also known as R.E.A.C.H. This means we adhere to the strict guidelines expected of R.E.A.C.H. members, while also providing cutting edge technology and the highest quality of service to our customers.

Proudly represented by Troutman Amin, LLP

Next Call Club is backed by the expertise of Troutman Amin, LLP, a leading authority in TCPA compliance and complex litigation. This powerhouse law firm is known for its extensive experience in defending high-stakes class actions under the Telephone Consumer Protection Act (TCPA). With over 350 national class actions under their belt, Troutman Amin, LLP is uniquely positioned to provide us with the most up-to-date and comprehensive legal guidance in the field.

Outbound Best Practices

  1. Create an outbound compliance policy (internal), document it, and train on it
  2. Use a CRM that has Duplicate management features
  3. Read your lead agreements and look for Mutual Indemnification
  4. Stick to the 90-day rule (Opt-in is good for 90 days)
  5. Scrub against DNC and Reassigned # Database if outside 90 days
  6. Have a compliance cadence AND don’t be a jerk

Helping Agents Grow Responsibly

At Next Call Club, we provide insurance agents with the tools and knowledge to grow their business responsibly. By implementing these best practices and maintaining strict adherence to TCPA regulations, our agents can confidently reach out to potential customers without the fear of legal repercussions. We believe that ethical practices and effective marketing can go hand-in-hand, leading to sustainable growth and a positive reputation in the industry.

Are You Exempt?

As a telemarketer, if you are not in one of the exempt categories, you must register!

In the U.S., businesses that engage in telemarketing, including those selling products or services over the phone or soliciting charitable donations, typically need to register as telemarketers with both federal and state agencies. The Federal Trade Commission (FTC) requires telemarketers to comply with the Telemarketing Sales Rule (TSR), which includes registering with the National Do Not Call (DNC) Registry.

Exempt Categories: Certain entities and calls are exempt from registration and compliance with TSR regulations. Exemptions can vary by state, but generally, these categories include:

  1. Charitable Organizations: Nonprofit organizations making calls solely to solicit charitable donations, though third-party telemarketers hired by these organizations must still register.
  2. Political Organizations: Calls made for political purposes, such as campaign fundraising or voter outreach, are often exempt from telemarketing rules.
  3. Survey or Research Calls: Calls made purely for the purpose of conducting surveys or research, where no product or service is being sold.
  4. Business-to-Business Calls: Telemarketing calls between businesses, especially if they are related to the recipient’s business operations, are often exempt.
  5. Existing Relationships: Calls made to people with whom the company has an established business relationship or prior consent are also usually exempt from the DNC rules, though this depends on the context.

If your business doesn’t fall under one of these exempt categories, you are likely required to:

  • Register with the FTC and in many cases with state-level authorities.
  • Comply with the DNC Registry rules by checking lists and scrubbing against numbers that are listed on the registry.
  • Adhere to other regulations, such as providing certain disclosures, maintaining records, and following restricted calling times (e.g., no calls before 8 a.m. or after 9 p.m.).

Some states have additional registration requirements and fees, so you may need to check state-specific laws as well.

Resources on TCPA Rules

Federal Communications Commission

R.E.A.C.H.

R.E.A.C.H. (Responsible Enterprises Against Consumer Harassment)

TCPA World/Troutman Amin

ActiveProspect

The Blacklist Alliance

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