Washington, D.C. partner Eduardo Guzman was quoted in a Nearshore Americas article titled, “‘Counterintuitive’ FCC Ruling Poses Risk For Contact Centers.” The article discusses the impact that the expansion of the Telephone Consumer Protection Act (TCPA) will have on the contact center industry and on telemarketing in general.
The ruling, made by the Federal Communications Commission (FCC), explains several new guidance points. Specifically, the ruling addresses automated calls; companies are obligated to stop calling customers who request to not receive the calls.
Eduardo noted that the TCPA applies to both certain telemarketing calls and informational calls, and that U.S. companies with sub-contractors outside of the U.S. will need to look carefully at compliance with the provisions. “It is fair to say that the FCC has already shown its willingness to hold U.S. companies accountable for actions by subcontractors in the privacy arena,” he said.
Eduardo also noted that there is no workable exception to calls placed to reassigned numbers. “This is a particular problem even in customer support calls,” he said. “You have express consent to call them for non-telemarketing calls, but when the customer changes their number they don’t tell the businesses. The FCC is making it clear that you are still going to be liable for that while admitting that the tools available to help businesses avoid this are not going to work in every instance.”
Read Eduardo’s comments on the FCC Declaratory Ruling expanding the TCPA.