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THE TCPA aka TELEPHONE
CONSUMER PROTECTION ACT.....
IN 1991 THE TELEPHONE CONSUMERS PROTECTION ACT 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. IN EFFECT, YOU MUST DOCUMENT A
HEALTHY COMPLIANCE EFFORT.
2009 PROMISES ROBUST 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 NEW CLIENT. 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
COMMERCIAL TELEMARKETING ATTORNEYS AND WALL STREET
COMPLIANCE PROFESSIONALS ALLOW MITCH TO RENDER
COMPETENT, KNOWLEDGEABLE AND EXPERT TELEMARKETING
REGULATORY COMPLIANCE ASSISTANCE.
CALL MITCHELL EAVES TODAY TO START WITH YOUR
WRITTEN TCPA COMPLIANCE POLICY, A LEGAL 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©2010/mitchell eaves
82 wall street/suite 1105/ny, ny
10005/212.898.9000
brokerrus@earthlink.net
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