Managing Internal DNC List Challenges and Regulatory Changes

Managing and correctly suppressing against an internal Do Not Call (DNC) list is more than best practice; it’s critical to managing risk within telemarketing. Missteps in honoring company-specific DNC requests can result in significant legal risk and damage to a company’s reputation. As the “ATDS to wireless calling” has become a more difficult argument in the courts, we’ve seen professional litigator-types switch gears and have begun going after companies for DNC-related violations. Currently, businesses are granted a grace period of up to 30 days to honor DNC requests, while encouraged to comply as soon as processes allow. A new Federal Communications Commission (FCC) proposal may shorten the current grace period.

Internal DNC Lists Management Challenges

Managing DNC lists efficiently and effectively has its challenges. Some common issues organizations face when managing Internal DNC Lists include:

1. Multiple Dialing Platforms: Many organizations use several dialing systems that fail to synchronize their internal DNC lists, leading to potential violations. Integrated systems or a unified platform can be a solution to avoid this challenge.

2. Inter-departmental and Office Miscommunications: Differences in processes and practices across departments or offices often lead to discrepancies in maintaining and updating DNC lists. Regular cross-functional training sessions and communication can help mitigate this.

3. Third-party Vendor Miscommunications: The management of DNC lists becomes even more complex when third-party vendors are involved. Ensuring that vendors follow the same rules as the parent company is critical to avoiding any missteps.

4. Mergers and Acquisitions: During M&A activities, integrating DNC lists from different entities can be a significant challenge. Without a streamlined process, there can be overlaps or gaps leading to compliance issues.

The Role of Data Audits

To tackle these challenges and ensure compliance, regular data audits can be invaluable. They can help identify discrepancies and ensure that organizations comply with the latest regulations. Often, companies operate under the assumption that their dialing systems are effectively scrubbing DNC lists as intended. However, upon conducting a data audit, it’s not uncommon to discover unexpected lapses in internal processes and scrubbing practices. With regular auditing, organizations can detect and rectify these inconsistencies, safeguarding their operations from potential legal implications and protecting their brand reputation.

Regulatory Changes

The FCC recently released a Notice of Proposed Rulemaking (NPRM), aiming to amend current DNC regulations. The proposal would necessitate DNC requests be honored within 24 hours of receipt. For a detailed understanding of this NPRM, you may refer to our previous blog post.

We recommend keeping a close eye on the status of the NPRM. This proposal, if implemented, could necessitate significant technical changes to remain compliant. Your company should have a summary of all texting and calling campaigns along with the technology used to support them to determine how quickly you can honor opt-out requests.

Offering comprehensive data audits and expert knowledge, CompliancePoint has helped organizations of all sizes ensure their marketing practices are compliant with all applicable laws and regulations, including the TCPA and TSR. To learn how we can help your organization stay prepared, contact us at connect@compliancepoint.com.