How to Develop a DNC Compliance Policy for Your Call Center

A Do Not Call (DNC) policy is a crucial part of any call center’s compliance program, particularly under the Telephone Consumer Protection Act (TCPA). This policy protects consumers by clearly outlining how your organization handles both calls and texts, and when followed, respects privacy rights and minimizes the risks of non-compliance.

Why You Need a DNC Policy

Failure to implement a robust DNC policy exposes your business to a range of risks, including:

1. Legal and Financial Penalties:
   Companies can be fined over $40,000 per violation for improperly calling numbers on the National DNC registry. Additionally, under the TCPA, consumers can sue for up to $1,500 per violation, leading to costly class-action lawsuits.
2. Loss of Safe Harbor Protection:
   Without a written DNC policy, companies cannot claim Safe Harbor, which protects against fines for unintentional DNC errors.
3. Increased Legal Exposure:
   Companies without DNC policies are more likely to be targeted by professional plaintiffs, as evidenced by a 2022 Texas case allowing a consumer to sue over the absence of a written DNC policy.
4. Reputation Damage:
   Violating privacy preferences can erode consumer trust, resulting in lost business.
5. Regulatory Investigations:
   Non-compliance may prompt investigations by the Federal Trade Commission (FTC) and state attorneys general.
6. Operational Disruptions:
   Legal challenges stemming from non-compliance can cause significant disruptions and costly corrections.
7. Competitive Disadvantage:
   A strong DNC policy demonstrates respect for consumer privacy, putting you ahead of competitors who are lax in compliance.

6 Key Elements of a DNC Policy

A well-structured DNC policy should cover the following core areas:

1. Procedures for Handling DNC Requests
   • Acceptance & Recording: Establish how DNC requests are received, recorded, and processed. These should include capturing at least consumer name, phone number, and date of request.
   • Timeliness: Ensure that DNC requests are honored as soon as possible, but no more than 10 business days after receipt.
2. Maintenance of an Internal DNC List
   • Updating the List: Create procedures for regularly updating and maintaining your internal DNC list.
   • Retention Period: Ensure phone numbers remain on the list indefinitely unless the consumer gives consent in writing for marketing calls/texts after having added their number to the list or their number is reassigned to a different subscriber.
3. Compliance with National and State DNC Registries
   • List Scrubbing: Regularly scrub your contact lists against the National DNC Registry and state-specific registries, if applicable.
4. Staff Training
   • Awareness & Procedures: Train telemarketing staff on DNC regulations and company policies. Keep records of employee training and updates.
5. Exemptions and Permissions
   • Handling Consent: Outline any exemptions, such as existing business relationships, and procedures for handling consumer consent.
6. Making the Policy Accessible
   • Consumer Access: Make the policy available to consumers upon request, explaining their rights and how they can opt out of future communications.

Implementation and Compliance

Once your DNC policy is established, focus on implementation and ongoing compliance. This involves:

• Training: Provide training for all telemarketing personnel on the DNC policy and record-keeping requirements.
• Audits: Conduct regular audits to ensure compliance with the policy and regulations.
• Policy Reviews: Regularly review and update your DNC policy to remain aligned with changing regulations and industry best practices.

Legal Considerations

Ensure that your DNC policy aligns with all relevant laws, such as the TCPA. It’s advisable to consult with legal experts to confirm that your policy covers all necessary aspects and minimizes potential liabilities.

By following these steps, you can create a DNC compliance policy that not only protects consumer privacy but also helps support compliance with telemarketing regulations for your organization.

DISCLAIMER: The information on this page, and related links, is provided for general education purposes only and is not legal advice. Convoso does not guarantee the accuracy or appropriateness of this information to your situation. You are solely responsible for using Convoso’s services in a legally compliant way and should consult your legal counsel for compliance advice.