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TCPA Guide to the Coronavirus

By April 1, 2020No Comments

Stratics has received a COVID-19 Telemarketing Rules guide from DNC Contact Center Compliance (DNC.com). Rather than reinvent the wheel we are happy to share it with our customers as well.

The current, novel coronavirus pandemic that is spreading COVID-19 is causing massive upheaval worldwide, as many countries institute various measures—from encouraging social distancing to enforcing mandatory quarantines—to attempt to reduce the spread of the disease. For telemarketers, this is creating uncertainty as to how regulations such as the Telephone Consumer Protection Act (TCPA) and state laws dictate what sorts of calls are allowed during such a period of emergency. Many telemarketers are wondering about what sorts of messages they can convey to their employees and to consumers about the coronavirus, or even how normal business should proceed. This guide will take you through the relevant regulations and help you answer some questions that you may have about telemarketing during this pandemic.

Content Matters

A useful framework for determining whether or not certain calls are allowed under the TCPA—during normal circumstances as well as emergencies—is to think in terms of exemptions. As a general rule, the main exemption to TCPA prohibitions is consent. Calls that meet the proper standards for consent are allowed. Of course, those standards vary based on such factors as calling method (e.g. manually dialed vs auto dialed), who is being called (e.g. B2B vs. B2C), what sort of number is being called (e.g. landline vs. wireless), and, most importantly, call content.

Calls That Are Exempt

The ruling sets forth two specific conditions for claiming the exemption:

“First, the caller must be from a hospital, or be a health care provider, state or local health official, or another government official as well as a person under the express direction of such an organization and acting on its behalf. Second, the content of the call must be solely informational, made necessary because of the COVID-19 outbreak, and directly related to the imminent health or safety risk arising out of the COVID-19 outbreak.”

Stratics Networks realize the importance of our services during this global pandemic and we will remain here for you from morning to night. We will NOT close down or reduce hours no matter what this pandemic throws at us.

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