TCPA compliance remains a hot topic in 2018 for several reasons. Law360 which covers a number of legal issues, identifies one of them: It reports that “TCPA lawsuits remained one of the most-filed types of class actions” in 2017. The U.S. Chamber Institute for Legal Reform’s study echoes Law360, albeit more strongly. The organization calls the excessive litigation “abusive.” Law360 more-or-less agrees, remarking it expects litigation to continue largely unchecked due to unsettled laws and rulings, such as the ACA International’s 2015 appeal of the Federal Communications Commission’s order.
TCPA Compliance and the General Data Protection Regulation
Besides worry about litigation, concerns about TCPA compliance abound because of impending regulations. As an example, the General Data Protection Regulation (GDPR) will be enacted in May 2018. While it won’t affect every business in the world, it will impact any entity working with, selling to, or handling the data of people residing in the European Union (EU).
Concern about it and the TCPA arise because the EU and the United States approach personal privacy differently. The EU views privacy as a basic human right. The United States takes a stance more of “privacy as needed.” Put more simply, the EU employs a holistic approach whereas the United States uses a segmented one when it comes to privacy rights. Case in point: The TCPA spans marketing communications; HIPAA laws govern health information; and the GLBA and FCRA administrate financial data. By contrast, the GDPR touches upon all information and data, ranging from first and last names to security clearances.
TCPA, GDPR, and Regulatory Complexity
Although the GDPR’s larger scope raises additional anxieties about TCPA compliance, it mostly produces confusion. Lexology, another site focused on legal issues, says the differing “regulatory models can be difficult to navigate,” perhaps more so for companies unaccustomed to stringent regulation and oversight. These companies sometimes lack basic awareness about data privacy, making education a necessary and critical first step.
However, even companies with some knowledge about privacy laws can find themselves stymied. Lexology explains, “Under the U.S. sectoral approach, companies can be generally certain (emphasis added) with what regulations they must comply. Since the EU model covers all categories of data, companies not used to operating under strict regulations will now have to adopt and develop new policies, procedures, and compliance mechanisms.”
TCPA Compliance and Company Policies
And leading businesses are doing just that. They are formulating new policies and procedures to improve TCPA compliance. They also are investing in regular training so that their contact center agents remain informed and empowered.
Best-in-class businesses, though, take Lexology’s advice a step further. They create agile processes and programs that can adapt to new regulations and withstand rigorous oversight, such as those found with the GDPR. They also employ leading technologies and tools, such as manual dialers, to enhance compliance efforts.
TCPA Compliance and Manual Dialers
Manual dialers like the one found with TCN’s cloud-based call center platform can help enhance compliance. They accomplish the effect by working with a subset of agents who review calls for their coworkers, either approving or rejecting the potential calls. The ability aids compliance because it lessens the risk of calling wrong numbers or consumers on the Do Not Call list.
Learn more about the benefits of automation and manual dialers.
However, TCN’s manual dialer isn’t just about helping you seek compliance. It improves agent and call center productivity, too. The technology feature seamlessly switches between approving and making calls, thereby decreasing downtime. In addition, it allows agents to confirm information prior to make a call, which facilitates a quality customer experience.
Manual Dialers and Other Technology Features
Manual dialers, though, are but one component of a typical call center platform. To improve TCPA compliance on a broader scale, companies require additional technologies. These include items like call recording storage and API integrations.
The two features augment compliance efforts in a couple of ways. API integrations can limit data entry errors and, depending on the setup, produce a single, robust customer record. Storage offers a safeguard against litigation, giving businesses the ability to demonstrate their adherence to the TCPA and other regulations. It also allows managers and agents to review historical data, which can improve not only compliance but also customer-facing communications.
TCPA compliance is a pressing concern in 2018. But it can be met and overcome with modern call center technologies like manual dialers. By employing them, businesses gain the benefit, not of merely communicating with customers in a compliant manner, but of communicating in a way that’s compliant and productive. Check out the impact compliance has had on the 7 Costliest Compliance Mistakes Infographic!