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B2B Telemarketing Compliance: 5 Myths That Could Cost You
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Regulated technology regulations apply to both B2C and B2B calls. “There is absolutely no distinction there,” Wager said. “The TCPA applies to how you make the call and what type of phone number you’re dialing, not whether the recipient is a commercial contact.” Regulated technology includes autodialers, ringless voicemail, soundboard systems, prerecorded or artificial voice messages, and yes, text messages count too. “When we say ‘calls,’ we're saying both, because text messages are treated as calls,” Wager clarified.
The TCPA applies to all wireless numbers, but not all its rules apply equally across the board. Certain provisions, like those involving the National Do Not Call Registry (DNC), apply only to numbers classified as residential. “If that number is on the DNC, courts presume it's for residential use, even if your call intent was purely B2B.” “You may have a good argument down the road to defeat this rebuttable presumption,” Wager said, “but the problem is...you could be litigating a case for six to nine months before you can even address the question.”
The risk of mixed-use numbers “Certain provisions, like those involving the National Do Not Call Registry (DNC), apply only to numbers classified as residential.” But there’s a problem here. Many professionals use the same mobile phone for work and personal calls. If that number is on the DNC, courts presume it's for residential use, even if your call intent was purely B2B.
The TCPA applies to how you make the call and what type of phone number you’re dialing, not whether the recipient is a commercial contact. “When we say ‘calls,’ we're saying both, because text messages are treated as calls” The risk of mixed-use numbers
“Many B2B marketers assume telemarketing rules don’t apply to them.” During the Fact vs Fiction: Debunking B2B Telemarketing Compliance Myths webinar, attorneys Michele Shuster and Chris Wager of Mac Murray & Shuster LLP explained that B2B calls are on the compliance radar and often show up in court.
Many B2B marketers assume telemarketing rules don’t apply to them. No TCPA, no DNC list, no problem. But you know what they say about assumptions. “B2B calls are on the compliance radar and often show up in court.” Over the course of the session, Shuster and Wager unpacked five of the most common myths circulating in the B2B telemarketing space. They laid out exactly how the law applies — from robocalls to consent revocation — and how you can reduce your risk.
The risk of mixed-use numbers “The TCPA applies to all wireless numbers, but not all its rules apply equally across the board.” But there’s a problem here. Many professionals use the same mobile phone for work and personal calls. If that number is on the DNC, courts presume it's for residential use, even if your call intent was purely B2B.
He’s seen lawsuits where plaintiffs claimed they received prerecorded messages because the voicemails all sounded identical, didn’t include their name, and used generic scripts — but the voicemails actually came from live agents. “To head off this issue, Wager recommends personalizing your scripts.” On top of prerecorded — or seemingly prerecorded — messages, B2B companies also get into trouble with time-of-day restrictions.
Many B2B marketers assume telemarketing rules don’t apply to them. No TCPA, no DNC list, no problem. But you know what they say about assumptions. “B2B calls are on the compliance radar and often show up in court.” Over the course of the session, Shuster and Wager unpacked five of the most common myths circulating in the B2B telemarketing space. They laid out exactly how the law applies — from robocalls to consent revocation — and how you can reduce your risk.
In Compliance
“When you search the phone number, you find out this phone number is listed on a MapQuest listing for a restaurant that's seven years old, and that’s the only place you see it. That leads me to wonder, ‘Hey, this lead source is just crawling the internet and finding these relationships between businesses and phone numbers that aren't really there,’” he said. “You’ve really got to do your due diligence on anybody that's providing you with those types of [lead] lists because you live or die…on whether you can support and substantiate what's been provided to you in those lists. It’s really important that you make sure that you work with quality lead generators and that you do your due diligence.” By “due diligence,” Shuster means knowing exactly where the data came from and being able to prove that proper consent was collected, which is something she and Wager repeatedly emphasized as essential for defending against complaints or litigation.
Shuster’s advice on this is simple: “You’ve really got to do your due diligence on anybody that's providing you with those types of [lead] lists because you live or die…on whether you can support and substantiate what's been provided to you in those lists. It’s really important that you make sure that you work with quality lead generators and that you do your due diligence.” “knowing exactly where the data came from and being able to prove that proper consent was collected” Next up: the robocall myth that trips up even the most careful marketers.
“When you search the phone number, you find out this phone number is listed on a MapQuest listing for a restaurant that's seven years old, and that’s the only place you see it. That leads me to wonder, ‘Hey, this lead source is just crawling the internet and finding these relationships between businesses and phone numbers that aren't really there,’” he said. “You’ve really got to do your due diligence on anybody that's providing you with those types of [lead] lists because you live or die…on whether you can support and substantiate what's been provided to you in those lists. It’s really important that you make sure that you work with quality lead generators and that you do your due diligence.” By “due diligence,” Shuster means knowing exactly where the data came from and being able to prove that proper consent was collected, which is something she and Wager repeatedly emphasized as essential for defending against complaints or litigation.
“You may have a good argument down the road to defeat this rebuttable presumption,” Wager said, “but the problem is...you could be litigating a case for six to nine months before you can even address the question.” “The absolute safest course of action would be…to scrub against the DNC registry even if you're doing a B2B calling campaign” Marketing intent matters
“I've had cases where agents — without telling anybody else — set this [voicemail drop] up because they didn't want to sit there and leave the same voicemail over and over again,” Wager said. “Even if it’s your own voice and you’re the one pressing the button to leave the voicemail, it’s still a prerecorded message, and it still counts under TCPA rules.” Personalize your scripts to avoid issues
“This comes up a lot,” Wager said. “Sometimes there is a live agent call, but then when someone doesn't pick up, they have integrated within their dialer some function where it's going to leave the voicemail drop for people who don't answer,” he explained. “when someone doesn't answer, if you are using prerecorded voicemail, then that will be a robocall.” [A robocall is not necessarily illegal, just regulated under the TCPA. Call centers need to understand where consent is required or not for prerecorded/artificial voice messages (regulated technology) as well as consult with their legal counsel regarding ATDS (also regulated technology) determinations.]