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THE TCPA aka TELEPHONE
CONSUMER PROTECTION ACT.....
IN 1991 THE TCPA WAS SIGNED INTO LAW AND
IMPLEMENTED BY THE FCC's RULES AND REGULATIONS
DECEMBER 20, 1992. THE TCPA ACKNOWLEDGES THE
LEGITIMATE BUSINESS INTERESTS OF TELEMARKETERS.
MORE IMPORTANTLY THE TCPA RECOGNIZES THE PRIVACY
RIGHTS OF TELEPHONE CUSTOMERS. AMONG OTHER THINGS
THE TCPA DIRECTED THE FCC TO CREATE A MECHANISM
(THE DNC LIST) BY WHICH TELEPHONE SUBSCRIBERS COULD
AVOID UNWANTED SOLICITATIONS, BOTH LIVE AND
RECORDED. THE TCPA PROTECTS RESIDENTIAL TELEPHONE
SUBSCRIBERS IN SEVERAL WAYS.....
1) ALL UNSOLICITED TELEPHONE CALLS MUST TAKE PLACE
DURING SPECIFIED HOURS.
2) A BUSINESS PLACING AN UNSOLICITED TELEPHONE CALL
MUST ESTABLISH, MAINTAIN AND ABIDE BY A DO NOT CALL
LIST.
3) A PROHIBITION ON SENDING ARTIFICIAL OR
PRERECORDED VOICE MESSAGES TO RESIDENCES EXCEPT IN
DEFINED EMERGENCY SITUATIONS.
4). ALL UNSOLICITED CALLS MUST COMPLY WITH "PROPER"
IDENTIFICATION REQUIREMENTS.
5) A SPECIFIC SET OF RULES APPLYING TO AUTODIALERS,
PREDICTIVE DIALERS AND PRERECORDED MESSAGES.
6) FAX GUIDELINES.
7) ANY COMPANY ENGAGED IN A SINGLE UNSOLICITED
TELEPHONE CALL MUST ESTABLISH A WRITTEN DO-NOT-CALL
POLICY, PROVIDING SAID POLICY TO ANY MEMBER OF THE
PUBLIC UPON REQUEST.
THERE ARE EXEMPTIONS AND ADDITIONAL GUIDELINES
CONTAINED IN THE <164
PAGE TCPA ORDER>.
ONE OF THE OUTSTANDING COMPONENTS OF THE TCPA (AND
THE FTC's TSR aka TELEPHONE SALES RULE) IS A
SAFE HARBOR PROVISION ALLOWING FOR
"MISTAKES", PROVIDING THE ESTABLISHMENT AND
IMPLEMENTATION OF A WRITTEN AND DETAILED "INSURANCE
POLICY". THIS INSURANCE POLICY COMES IN THE FORM OF
YOUR WRITTEN DNC POLICY, BETTER STILL A WRITTEN
COMPLIANCE POLICY ADDRESSING TCPA GUIDELINES, THE
FTC's TELEPHONE SALES RULE AND APPLICABLE STATE
STATUTES. THIS WRITTEN DNC POLICY, BY LAW MUST BE
MADE AVAILABLE UPON REQUEST TO ANY MEMBER OF THE
PUBLIC, PRESS OR REGULATORS. YOUR WRITTEN POLICY
WILL BE THE FIRST REQUEST OF ANY REGULATOR UPON
INVESTIGATION OF YOUR COMPANY AND COMPLIANCE WITH
TELEMARKETING LAWS.
TO QUALIFY FOR SAFE HARBOR YOU ALSO MUST DOCUMENT
EMPLOYEE TRAINING TO ASSIST IN COMPLIANCE OF YOUR
WRITTEN PROCEDURES, SHOW PROOF OF YOUR DNC LIST AND
MAINTAIN ONGOING EDUCATION AND ENFORCEMENT OF YOUR
WRITTEN POLICY.
2007 PROMISES TO BE ACTIVE WITH ENFORCEMENT ACTION,
PRIMARILY FOR VIOLATIONS OF THE TCPA. OFTEN A
SEEMINGLY MINOR VIOLATION EXPOSES REGULATORS TO
ADDITIONAL AND MORE SUBSTANTIAL VIOLATIONS WHILE
MEMBERS OF THE LEGAL COMMUNITY WAIT ON THE
GOLDFISH. NEAR ALL TELEMARKETING LITIGATION WILL
EXCEED FIVE FIGURES ($10,000) IN FINES AND LEGAL
COSTS, OFTEN SIX FIGURES ($100,000) WITH SEVEN
FIGURED FINES AND SETTLEMENTS BECOMING MORE
COMMONPLACE.
A SMALL FEW LEGAL PROFESSIONALS CARRY THE
CREDENTIALS AND EXPERTISE TO GUIDE YOU THROUGH THE
LITIGATION PROCESS, MUCH LESS THE COMPLIANCE
IMPLEMENTATION PROCESS.
WITH A RICH SELLING BACKGROUND IN A HIGHLY
REGULATED ENVIRONMENT, WALL STREET PROVIDES
MITCHELL FOCUSED INSIGHT INTO COMPLIANCE DESIGN,
IMPLEMENTATION AND OVERSIGHT. MITCHELL WILL
EVALUATE, DESIGN, IMPLEMENT AND TRAIN STAFF ON YOUR
INITIAL AND ONGOING COMPLIANCE PROTOCOLS. FULLY
QUALIFIED, HE WILL CRAFT YOUR WRITTEN COMPLIANCE
POLICY AS REQUIRED BY FEDERAL LAW AND EDUCATE STAFF
IN THE NUANCES OF COMPLIANT IDENTIFICATION,
SCRIPTING, DNC PROCEDURES, BEST PRACTICES AND
PROACTIVE ROUTINES THAT WILL HELP INSULATE YOUR
COMPANY FROM REGULATORS.
SINCE 1999, NUMEROUS NATIONAL PUBLICATIONS HAVE
FEATURED INTERVIEWS WITH MITCHELL SPOTLIGHTING
TELEMARKETING COMPLIANCE AND THE EFFECTS OF
INCREASING REGULATORY LEGISLATION. AN ARMS LENGTH
RELATIONSHIP WITH SEVERAL OF THE NATIONS FINEST
FIRST AMENDMENT ATTORNEYS AND WALL STREET
COMPLIANCE PROFESSIONALS ALLOW MITCH TO RENDER
COMPETENT, KNOWLEDGEABLE AND EXPERT REGULATORY
COMPLIANCE ASSISTANCE.
CALL MITCHELL EAVES TODAY TO START WITH YOUR
WRITTEN COMPLIANCE POLICY, A LEGALTCPA REQUIREMENT
OF ANY BUSINESS MAKING AN UNSOLICITED TELEPHONE
CALL. THIS DOCUMENT CAN BE DESIGNED AND DELIVERED
IN SEVERAL DAYS . ADDITIONAL COMPLIANCE
IMPLEMENTATIONS, SEMINAR STYLE TRAINING AND ONGOING
OVERSIGHT REVIEW OF YOUR REGULATORY COMPLIANCE
PROTOCOLS WILL HELP SHIELD YOUR COMPANY FROM
REGULATORY ATTACK. 
copyright©2009/mitchell eaves
82 wall street/suite 1105/ny, ny
10005/212.898.9000
brokerrus@earthlink.net
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