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Have you ever heard a sales pitch on your answering machine and wondered how it got there? Telemarketing messages are notorious in the eyes of the public, often seen as annoyances, especially if the person who received it never signed up for it in the first place. In response to this, the Telephone Consumer Protection Act (TCPA) was born.

First passed in 1991 by former President George H. W. Bush, the TCPA was put into effect for the purpose of restricting telemarketing, or telephone solicitations. This act mainly addresses automatic dialing systems, “robocalls,” pre-recorded voice messages, and other artificial messages. The hope of the TCPA is not to take revenue away from businesses, but to limit and regulate these communications for the sake of consumer privacy. After all, no one appreciates an unsolicited sales call before or after working hours, or when they’re trying to spend some time with their family.

The TCPA Rules

So what are the parameters of the TCPA? Unless the consumer has given express consent beforehand, corporations or businesses cannot call residential homes before the hours of 8am or after 9pm local time. This act not only applies to calling, but to fax messages and text messages (SMS) as well.

The TCPA requires that companies keep something called a “Do Not Call” list. If a consumer requests to be on this list, they cannot be contacted for sales purposes. “Do Not Call” or DNC, must always be honored by the organization and its employees. The Federal Communications Commission does not regulate this list, but every organization must manage their own. All organizations must have a prepared written policy so that if a consumer requests it, they can read the guidelines on their own.

The TCPA Exceptions

The Telephone Consumer Protection Act still allows for businesses to communicate with their clients. If you would like to leave a pre recorded message, all you have to do is meet the following criteria to stay within the boundaries of the TCPA rules:

On the message, you say the name of the organization or entity calling, and which individual is being contacted.
List a phone number where the organization can be reached. Keep in mind that this number must be different than the one associated with the pre recorded message player.
State the main purpose or reason for the call. The purpose, of course, should not be telemarketing.

“Telemarketing” refers to a message given for commercial purposes, the purpose of investment or rental properties, or selling goods and services. As long as the pre recorded calls do not contain telemarketing messages, your organization should be safe. If someone chooses to “opt in” to telemarketing messages, then consent must be given in the form of a written message, electronic form, or signature.

Another restriction applies to emergency lines. Companies are prohibited from using automated equipment to an emergency line, such as 911, poison control centers, fire stations, physicians’ offices, or law enforcement agencies.

Fortunately, many businesses are not impacted by the Telephone Consumer Protection Act, especially if you must leave informational messages with your audience. This includes airlines announcing flight changes or cancellations. Calls for the purpose of debt collection also do not count as telemarketing calls. Again, if there’s no sale involved, then there’s no violation.

What Happens in Case of a Violation?

When organizations are unsure about the rules of the Telephone Consumer Protection Act, they risk some very hefty fines and fees. A violation of the TCPA can result in a consumer suing for $500 or up to $1500 on each offense. If any revenue is lost because of the violation(s), then the consumer may sue for that amount as well.

Even the largest agencies are at risk. For instance, did you know that Resort Marketing Group, who represents Carnival and Royal Caribbean cruise lines, violated the TCPA by spamming thousands with recorded calls without their consent? They advertised cruises by leaving unwanted messages on consumers’ phones. Now, as a result, any individuals who were called during that time have the ability to be compensated and receive financial gain.

How to Comply with the TCPA?

Companies with call centers and telemarketing capabilities should not be on the wrong side of the law. It’s a very serious issue. Business owners must adjust their operations to comply with the Telephone Consumer Protection Act if they have not done so already. If they don’t, they may face some very expensive legal fees later on, just like Resort Marketing Group.

Written procedures, proper training, and regularly updated Do Not Call lists are all factors that ensure you remain free of fines. Businesses can also utilize technology to organize consent information from customers. Keep your teams vigilant about your communications processes both internally and with third party marketing partners so that there are no big issues down the line.

If you want to leave an informational message with a customer, it should remain neutral in terms of content. This means that anything you say should be free of ads, sales, or promotions. If you’re unsure how to word a message, then pre-written scripts could be a great tool for you. Give these scripts to employees and call centers so that every team member is following the right instructions.

Analytics software is another way to keep in line with the Telephone Consumer Protection Act regulations, such as a Customer Relationship Management (CRM) system. These analytics help businesses understand how to provide the most optimal and consistent experience for their customers.

Your Resource For TCPA Compliance

Global Call Forwarding is your resource for the Telephone Consumer Protection Act. We have local and toll free phone numbers for you to use in over 140 different countries. Our state of the art network offers features such as call recording, call transfer, SMS to email, local ringback tones, and more. For more information about the Telephone Consumer Protection Act, we can answer your questions and concerns. It’s time to invest in an industry-leading service for better quality communications. Contact our team today.

Disclaimer: We do not support robocalling through our platform. We verify the business details of each customer along with their use case. Robocalls are not allowed using our network.

Robocalling involves the use of an automated telephone message. The call is initiated by an autodialer and delivers a prerecorded message to one or a range of numbers. The robocalling technique is used for a wide variety of communications including:

Public service announcements: For example, if your water supply is about to be suspended for a period because of repairs to the water lines in your area.

• Appointment reminders: You may receive an automated message from your doctor or dentist reminding you that you have an appointment within the next 48 hours.
• Political campaigns: Sometimes political parties will send out automated messages giving information about their incumbent.
  Opinion polls: Robocalls may be used for opinion polls by political parties to help them with their campaigns.
• Marketing: Sometimes companies use robocalling for marketing within the public sector.

Depending on the type and purpose of the robocall, it may enable interaction with the recipient either through voice or keypad activation. Sometimes there may also be interaction with a human representative during part of the call.

The Laws Governing Robocalling

In October 2013, the United States Federal Communications Commission’s (FCC) mandated some rules regarding robocalling. According to the FCC’s regulations, telemarketers are prohibited from making robocalls to a consumer without first obtaining his or her written consent. Robocalls are also restricted from dialing numbers on the Do Not Call Registry.

In spite of these changes, the FCC receives more complaints each month regarding robocalling than any other problem. However, it’s difficult for the agency to track down the culprits because most of them can hide their real phone numbers behind a virtual number created through a Google Voice or Skype account. Often the robocallers don’t even use real phone numbers but mimic unassigned or inactive numbers. So what recourse is there to prevent illegal robocalling? Most phone companies are currently resorting to automated blocking tools that simultaneously block robocallers as they whitelist known or emergency numbers. This type of blocking tool is perfectly legal and the FFC encourages phone companies and individuals to use them.

Clarifying the Laws on Robocalling

Although some states have their own local robocalling laws, which differ widely from state-to-state, federal law applies in every state. Here are some examples of the mandates for robocalling and telemarketers:

A telemarketer is prohibited from using a robodialer for the purpose of sending a prerecorded message to a consumer or business cell phone or to a consumer landline unless they have written consent to do so. Such consent may be obtained through audio recording, email, or web opt-in as well as other means. The procedures must follow the federal E-Sign Act.

When robodialers make calls, they are prohibited from abandoning any more than 3 percent of its automated calls within a 30-day period.

Every prerecorded message must contain an automated opt-out message, which allows the recipient to decline to receive any further robocalls. The opt-out message must be activated by keypress or voice.

The prerecorded message must include truthful information about who is responsible for the robocalls and the exact marketing-related purpose of the call.

The prerecorded message must also include a call-back number enabling the recipient to return the call during normal business hours and decline to receive any further robocalls from this particular telemarketer.

Autodialers that do not Deliver Prerecorded Messages

The regulations for this type of call are slightly different. If a robocall is made, but no prerecorded message is used, then it is still legal if the call is to a residential landline, where this type of call is generally still allowed without the owner’s consent. This type of call is prohibited to a cell phone without the owner’s consent.

When Robocalling is Illegal and Unethical

Being on the receiving end of regular robocalls is very annoying and can be considered spam, but at times it can also prove to be dangerous, thanks to a new wave of robocalling scammers. Since 2013, fraudsters impersonating IRS agents are estimated to have conned unsuspecting victims from handing over more than $54 million. This particular batch of con artists has proven to be completely unscrupulous and equally inventive. But the tax swindle is not the only robocalling scam. The FCC also has accounts of incidents where calls were connected to people posing as sweepstakes companies and employment agencies, as well as debt collectors.

Think Twice About Using Your Personal Phone for Business

Though using your personal mobile phone for business is affordable and very convenient, especially if you are just starting a new business, you may want to think twice about doing so. Not only can using the same phone for your personal and business aspects of your life cause conflicts, it may also make your phone more susceptible to robocallers. The easiest way around this is not to carry two phones with two separate numbers; it is to get a virtual phone number for your business.

If you don’t know much about virtual phone numbers, it’s very simple. You sign up for a local or toll-free number in the country and city of your choice, and you give that number to your business clients. They call that number to contact you, and your call forwarding service redirects their call to the number of your choice. So you don’t have to give your business colleagues and clients your personal number, but you’ll still be able to take the calls on whichever phone line works best for you.

A virtual number has several advantages:

• You can avoid robocalls: If you have an automated greeting and your calls are directed to another number, this is a great way to filter out robocalls. The automated call will get stuck with your automated attendant until it times out, eliminating the issue altogether.
• You are not a victim of threats: A virtual number protects your personal information from hackers and scammers. You can blacklist and whitelist your chosen numbers.
• You won’t have to keep changing your number. Your personal phone number is an important part of your life, and chances are you’ve had it for a while. By using a virtual number to handle your business calls, you will avoid any complications that may have you wanting to change your personal number.

You can find out more about handling robocalls along with blacklisting and whitelisting with a virtual phone number by contacting Global Call Forwarding.

Whether your business deals with local or international clients, understanding and practicing business telephone etiquette can ensure your business maintains professionalism and communicates effectively with its clients. Let’s learn how to practice proper business phone etiquette.

Business Telephone Communication

As easy as making and receiving telephone calls can be, many still do not know that rules guide telephone conversations, especially in the professional or business context. Business communication is a critical dimension of every organization. It can set the tone for many business activities involving clients and customers and other businesses such as closing deals, onboarding new customers, or offering customer support. Business calls play a major role in the day-to-day operations of many businesses. Companies need to contact potential customers, clients, and vendors and receive calls from customers about product inquiries and assistance.

The Importance of Proper Business Telephone Etiquette

Having good business telephone etiquette is beyond your ability to speak fluently and offer pleasant greetings. It is more about leaving a good and lasting impression on the person on the other end of the line. Since your next phone conversation could be your initial contact with a client, customer, or even your superior, you are presented with an opportunity to make a good connection and build a relationship.

Having the proper phone etiquette for business calls is necessary for every business that takes its professional image seriously. Have you ever contacted a business’s customer care department only to be greeted by a rude or uninterested representative? Did that response and interaction make you want to take your business elsewhere? This is where having stellar business telephone etiquette plays an important role in supporting your sales and customer support services. When a poor first impression is given, many businesses suffer, which often leads to a loss of customers and low sales conversions.

How a business communicates with its customers and clients will determine how they will be perceived. Therefore it becomes essential that businesses invest in training their employees to answer or initiate telephone calls. They also need to be aware of international business phone etiquette and how to connect with global customers effectively.

Furthermore, they must identify when a telephone call is the best means of communicating with a client, customer, or business contact. Employees must understand their audience and the most appropriate method to communicate with them. This depends on the type of business you run and what the interaction with the customer is about. In some cases, customers may prefer email or SMS contact instead of phone conversations.

11 Tips For Efficient Phone Etiquette for Business

So, what are some key phone etiquette rules? Here are 11 practical tips for business telephone etiquette that every employee should exercise when communicating with clients, customers, business contacts, and vendors:

1. When answering a work or business phone, do not allow the phone to ring for too long. Three times is the ideal number of times that a business phone should ring.
2. Ensure that you identify yourself at the beginning of every call. When answering the phone: “Hello” or “Good morning; customer support department, XYZ speaking.” When placing a call: state your name and the name of the person you are calling.
3. Hold the phone at a distance of about 2 fingers from your mouth for clarity. Do not keep repeating the same thing over and over again; the other party might become uninterested and hang up.
4. The tone of your voice can tell the other party a lot. Ensure you maintain a friendly yet professional tone. Avoid sounding nervous or aggressive. Speak with confidence and authority. Sit up in your chair when receiving phone calls to maintain your composure. Stand if it will be more comfortable.
5. Prepare for a call before dialing the number. Ensure that you have thought through what you want to discuss. Write your talking points down on a notepad, so you do not leave anything out. This will help you to be direct and precise should your calls be forwarded to a voicemail.
6. Listen to the other person without interruption. Under no circumstance should you interrupt them while they are passing on their information.
7. If you must transfer a call, inform the caller before doing so. Explain why you need to transfer their call. First, confirm that the person you are transferring the call to is available to attend to the customer. Also, let the customer know who they are being transferred to.
8. If you have to put a caller on hold, ask their permission first. You can also give them the option to leave a voicemail message. When you resume the call, ensure that you thank them for their patience.
9. Always turn off your phone/ringer during a business meeting or call. It is not polite if your phone rings in the middle of a business decision.
10. If you are expecting a call about the same time you enter a meeting, inform the caller beforehand about your meeting and that you will return their call as soon as you can.
11. When speaking to a client or business contact on the phone, keep a distance from anything that can be a distraction. These include office desk noises, keys jingling, rustling papers, eating, or chewing. If you have to take a phone call while driving, ensure that you use a hands-free device or a speakerphone for your car. Giving your caller your undivided attention translates to treating them with respect, which is the most important business telephone etiquette foundation.

Invest in Business Phone Services

The importance of business telephone etiquette explains why many businesses invest heavily in their communication department regarding personnel and equipment. Both small and large businesses invest in call forwarding services to enable them to keep the lines of communication open at all times. Call forwarding companies like Global Call Forwarding make these services available to businesses globally. They offer various business communication solutions like SMS forwarding, virtual assistants, and much more for seamless business communications.