Disclaimer: This blog is for general information purposes only and does not constitute legal advice and does not create or intend to create an attorney-client relationship. This blog post should never be used to replace the advice of your personal attorney.
Cell phone cleaning is a mandatory process to ensure TCPA compliance. It can involve the use of specialized software, a cleaner, to run a comparison between the call sheets of telemarketers and the Federal DNC registry. The algorithm detects matches and removes the numbers of those who don’t want the bother of unsolicited sales pitches. Under the current Do Not Call Laws, companies need to check their call lists against the relevant area codes in the DNC registry once every 31 days. The TCPA doesn’t specify how they should do that.
Running the comparison manually, however, takes a lot of time and resources. The DNC list contains well over 200 million landline and wireless phone numbers, after all. Such an approach comes with the danger of error too. In that context, errors bring the risk of trouble with the FCC and class action lawsuits. Cleaning is a cost-effective way to eliminate the risks and achieve TCPA compliance chiefly, with minimal chance of mistakes.
What Is Cell Phone Cleaning Exactly?
Cell Phone cleaning is a subdivision of the overall TCPA cleaning. It deals exclusively with cell phone numbers instead of a thorough clean that would cover landlines and VoIP phone numbers. Note that the DNC list doesn’t exclusively contain cell phone numbers. That doesn’t mean you don’t run the risk of violating TCPA compliance if you contact a wireless number without permission. Instead of going through the DNC database, a cell phone cleaner runs a comparison between telemarketers call lists and:
- The Direct Marketing Association block
- The NeuStar ported list
Your company should keep a record of all cell phone cleaning you do. The FCC, FTC, and the attorney general may ask for the records if they feel there is a violation. Additionally, you have to be prepared to provide them to the court in case of a civil or class action lawsuit.
Why’s Cell Phone Cleaning So Important?
No matter what type of dialing system you use, you need to clean. You always have to be careful with auto-dialers, predictive dialers, and such. Live operators, though, can also break TCPA compliance. Note that despite that your dialers technically don’t call numbers in the DNC registry and other do-not-call lists, they may still violate the TCPA. That’s why you need to keep a written record of all cleaning you do, including cell phone cleaning. It makes no difference to the FCC if you call yourself or outsource the task to a third-party telemarketer. You are liable for their actions on your behalf.
An Important Distinction Between Cell Phones And Landlines
The Do Not Call laws’ current version doesn’t distinguish between business and private cell numbers. Your contact center may have permission to call other companies only if a prior express consent exists. Some wireless carriers detect and mark outbound marketing calls and text messages as spam and alert recipients. To avoid that, you need to ensure you follow the rules of the TCPA to the letter. Non-compliance comes with fines from the government and the risk of costly class action litigation and legal fees. Cell phone list cleaning is a crucial step in avoiding that.
Who Can Perform Cleaning?
If your business conducts business over the wireless network, you need to regularly carry out cell phone cleaning. It may be a little bit more complicated than it sounds. To follow the rules of the Telephone Consumer Protection Act, to protect your consumers and your company, you will need:
- Access to specialized software
- API key to specific endpoints from the FCC, FTC, and other government entities
- Relevant hardware infrastructure
While it’s theoretically possible to create a cell phone cleaning department at your company, it won’t be cost-effective. You should be able to find a reasonably priced cleaning service without any hassle. Note that there are free cell phone cleaning solutions out there. Using such isn’t advisable because they come with a risk of data theft.
It’s much wiser to outsource the task to a certified vendor such as TCPA Protect. Our service has stood the test of time and gained the trust of many customers. Costs are low, and the effectiveness of our real-time cleaner is up to all quality standards. We can help you do what’s best for your consumers and your company.