The Importance of Responding to Plaintiff and Regulator Requests

In the ever-evolving world of telecommunications, compliance with regulations is paramount. Within this landscape, responding promptly and thoroughly to plaintiff and regulator requests has become a critical component for companies. As an organization operating in the telemarketing industry, responding to plaintiff and regulator requests is not merely a legal obligation but a means of upholding the standards of compliance that the law seeks to enforce.

In recent months, CompliancePoint has seen a handful of cases in which defendants failed to respond to requests and court orders. In one instance in a West Virginia District Court, the Court found that the defendants failed to respond “fulsomely and accurately” to their discovery requests and other court orders. In a more severe instance, a defendant failed to respond to requests and did not attempt to defend themselves at all. Consequently, the Federal District Court accepted everything the plaintiff submitted in the initial complaint as true and granted the plaintiff’s motion for default judgment.

Consider these important steps should your organization ever receive a request from a plaintiff or regulator:

• Carefully review the request to understand the specific allegations or compliance concerns
• If necessary, engage with legal counsel with expertise in the TCPA industry to provide guidance
• Take immediate steps to preserve all relevant records, including communication logs, consent records, and any other documentation related to the alleged violation
  • Confirm if the request or allegation made coincides with records
• Respond to the request in a timely manner
• Collaborate with your organization to conduct internal reviews of current practices to identify any potential areas of non-compliance, and address them promptly
  • Reassess and update compliance policies and procedures routinely
• Stay informed on developments in the telemarketing industry as it is consistently subject to changes and updates

Ignoring or delaying responses to plaintiff requests can expose businesses to significant legal risk. Prompt acknowledgement and resolution of consumer complaints or regulator requests demonstrates a commitment to compliance and can potentially mitigate the risk of costly legal proceedings. In an environment where class-action lawsuits are not uncommon, businesses must take proactive steps to address concerns that are raised by plaintiffs or regulators.

CompliancePoint can help your organization execute its marketing campaigns in a manner that is complaint with all elements of the TCPA, TSR, Do Not Call laws, and state telemarketing laws. Contact us at connect@compliancepoint.com to learn more.