BLOGS: Communications, Tech & Media Review

Wednesday, March 30, 2016, 1:10 PM

Top Twelve TCPA DOs and DON’Ts for businesses doing outbound automated or prerecorded calling

By Douglas Bonner

We have assembled our “Top 12 TCPA Dos and Don’ts”.  We’re certain others exist that could be added to this list, but this is an introductory sanity check for a company’s outbound calling practices under TCPA laws and regulations.  (Of course, this is not intended as nor should be considered legal advice, and you should consult an attorney for specific legal advice involving your particular business practices.) 

(1)          Maintain an up-to-date, company-specific, written Do-Not-Call Policy to be produced on-demand?

(2)          Need to know the different requirements applicable to autodialed and prerecorded calls to wireless numbers and residential landlines, identify wireless numbers,  and ensure compliant call handling before dialing?

(3)          Treat autodialed texts the same as any autodialed call to a wireless number?

(4)          Keep records of “prior express written consent” to receive autodialed calls or texts, or prerecorded calls, with name and associated telephone number of consenting party, and consent language?

(5)          Incorporate prior express written consent language to receive telemarketing calls and texts in your standard contract for services?

(6)          Scrub your call list at least monthly against the National Do-Not-Call Registry?

(7)          Maintain a current Company-specific Do-Not-Call List?

(8)          Place a telemarketing call to someone on a Do-Not-Call list who contacts a customer service center and requests a call back?

(9)          Discontinue placing calls to a requesting party no later than 30 days after receiving a Do-Not-Call Request?

(10)          Okay to place autodialed or prerecorded debt collection calls to someone who leaves their cell phone number on an application for service or an admission form?

(11)          Avoid calls to reassigned wireless numbers once reassigned even if intending to call the person to whom it was once assigned? 

(12)      Know whether your dialing equipment has the “capacity” to store or produce numbers using a random or sequential number generator and to dial those numbers, even if capacity isn’t utilized?
BONUS vicarious liability points:  Manage your risk by outsourcing outbound telemarketing to an outside vendor and “lead generator” who guarantees TCPA compliance, works on a commission for sales basis, and will agree to indemnify for losses?

ANSWERS (We won't force you to turn to p. 73):

1.            DO

2.            DO

3.            DO

4.             DO

5.            DON’T

6.            DO, unless you have verified that calls are to someone with an established business relationship as defined in the TCPA Rules.

7.             DO

8.            DO (an express invitation under FCC rules).

9.            DO

10.          DO

11.          DO

12.          DO

BONUS:  DON’T (without more protection, including demanding proof of adequate liability coverage covering TCPA liability)

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Monday, March 14, 2016, 4:48 PM

FCC Considering Potential Expansion of "Video Description" Rules

The FCC's tentative agenda for it's March 31 open meeting includes a proposal to expand the FCC’s "video description" rules.  Video description involves the aural description of televised programming to assist accessibility to the programming by visually impaired persons.  The current rules require video description for a specified number of hours of programming for (1) each of the top four broadcast networks carried on broadcast stations in the top 60 markets, and (2) each of the top five non-broadcast networks carried on cable and satellite providers serving 50,000 or more subscribers.  


The proposed agenda indicates that the proposal will consider expansion of the amount of and access to described programming, but it is unclear at this point what that will entail, including whether it will involve the expansion of (i) the number of networks covered by the rules, (ii) the hours of video description required, and/or (iii) the broadcasters and cable/satellite providers subject to the rules.

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Thursday, March 10, 2016, 4:59 PM

FDIC "Framework for Cybersecurity" Highlights How Financial Institution Information Security Programs Can Better Respond to Evolving Cyber Threats

Authored by Doug Bonner

In February, 2016, the Division of Risk Management Supervision of the Federal Deposit Insurance Corporation (“FDIC”) published “A Framework for Cybersecurity.” The article provides a good “sanity check” for financial institutions to ensure that they are using best practices to manage and update their information security programs as needed to ensure that the programs are prepared for new and emerging cybersecurity threats.  Under the Gramm Leach Bliley Act (GLB Act), and its implementing FDIC Rules (Appendix B) and the Federal Reserve’s Interagency Guidelines Establishing Information Security Standards, financial institutions must develop and maintain an effective information security program. The FDIC article proposes a new cybersecurity framework that proposes to “modify” existing information security programs at financial institutions to address emerging cyber risks” as “the operating environment and threat landscape change.”

Continue reading...( in new window).

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