Conquering the Telephone Consumer Protection Act

by Wayne Smith, Marketing Manager, Interactive Northwest, Inc.

Strengthen customer relationships without violating the TCPA

Keeping in touch with your client base is critical to the success of your business. Unfortunately, pending amendments to the Telephone Consumer Protection Act (TCPA) appear to cast a dark shadow over companies attempting to maintain a healthy level of interaction with their customers. But the fact is, the TCPA has been put into place to impede the actions of opportunistic telemarketers utilizing auto dialers to make uninvited “robocalls” attempting to sell their wares. Responsible companies have nothing to fear from the existing legislation, as long as they maintain the required records and follow a few simple guidelines.

OK, so how do I comply?

It is important to point out that if you are not making promotional calls with sales content, the law really does not apply to you–with one caveat: calls made to wireless numbers can only be made with express prior consent.** However, many of the guidelines represent common courtesy and may be advisable for maintaining healthy customer relations. If you do intend to run promotional campaigns or if there is ambiguity around the nature of your contact, keep the following high-level guidelines* in mind.

  • Restrict calls to between the hours of 8 a.m. and 9 p.m.
  • Implement and maintain a Do Not Call list.
  • Implement and maintain a clear solicitation policy and make it easily available upon request.
  • Make solicitation calls to clients only after having obtained prior express written consent.**
  • Make non-solicitation calls to wireless numbers only after obtaining prior express consent.**
  • Keep a record of express, written and electronic consent.
  • Provide an automated, interactive opt-out mechanism during calls.

Enough with all the restrictions, what CAN I do?

The beauty of the legislation is that its restrictions are focused around telemarketing and calls that are of a sales nature. Utilizing outbound messaging applications like Avaya Proactive Outreach Manager (POM) that are designed to strengthen established business relationships falls well outside the targets of the TCPA. POM is an ideal tool for protecting revenue streams, managing schedules, building customer satisfaction and contributing to brand loyalty, all while significantly reducing potential customer frustrations. Ideal uses for outbound messaging and notification include campaigns that provide customers with important information, added convenience or reduce their risk of incurring expense.

What are some useful outbound notification campaigns?

Think of your campaigns from the perspective of your customers. Here are just a few useful applications for outbound messaging and notification utilizing the Avaya POM engine that customers will really appreciate.

Payment Reminders – Have you ever opened a credit card line at a department store to take advantage of a 25% discount on a product you were going to buy anyway? Not such a great deal if you get charged a late fee for missing that first payment. A simple account status notification with the option to make a credit card payment over the phone easily eliminates this frustration, preventing late fees for the customer and protecting store revenue.
Appointment Reminders – Lets face it, we’ve all made dental appointments a month or more in advance and completely forgotten them by the time the scheduled date arrives. A simple reminder call a day or two before the appointment avoids the frustration of a no-show fee for the patient and prevents the dentist, assistants and hygienists from sitting idly by as the receptionist scrambles to find a client to fill the empty spot.
Pre-op Instructions – Imagine showing up for a costly surgery after having a delightfully satisfying breakfast only to find you were required to fast for 12 hours before the procedure. Still satisfied? Not when you’re stuck with an extra $500 on your bill for postponing the surgery!  A call prior to your appointment date providing pre-op instructions, reminding you of the necessary steps to ensure you are properly prepared for your procedure avoids the excess expense and optimizes schedules for surgical staff.
Overage Notifications – Surprise! That pic of your new car you posted on Facebook just cost you an additional $10 on your phone bill – you’ve exceeded your data limit! If your mobile service provider had sent you a notification that you were near your limit, they might have avoided that irate call you just made about their preposterous charges. Moreover, they’ve maintained your loyalty and secured your continued patronage – you are a satisfied customer who will likely speak well of your experience to others.

Are you starting to see the value of outbound messaging and notification campaigns? Contact INI to schedule a consultation with a knowledgeable representative to discuss how outbound messaging and notification applications utilizing Avaya POM can add value to your business.

* This article is intended as an overview. Please refer to actual legislation when establishing policies and practice, as it changes frequently.
** See actual legislation for definitions of express consent and express written consent.