My name is Tim Antoniewicz and I am not a lawyer. I am not legal counsel. I once played Clarence Darrow in a junior High School production of Inherit the Wind but what I am about to say should in no way be considered legal advice. However it may be considered helpful in sorting out the quandary that many researchers face when conducting research with a cellular sample frame.
In light of the new FCC regulations (6/18/15) that expand the TCPA, CASRO has provided the following guidelines:
The Federal Communications Commission approved new regulations that expand the Telephone Consumer Protection Act (TCPA). The new FCC rules broaden restrictions on autodialed calls to cell phones without differentiation for caller intent.
ALL calls to cell phones made using an auto-dialer are PROHIBITED.
ALL calls to cell phones should be manually dialed.
Regularly update number databases to identify numbers ported to cell phones.
Use a predictive dialer OR an auto-dialer to call cell phone numbers.
Assume that human proximity to, or intervention in, the placement of an autodialed call to a cell phone provides exemption from the TCPA.
Staying educated and taking proactive measures are the key to compliance with the law. Here are some high-level guidelines to follow:
- Mitigate the risk by verifying the types of phones numbers on your list
- Get the consent of the current wireless subscribers to a number
- Be aware of ethical considerations including respondent safety and privacy.
Marketing Systems Group can assist you in flagging likely wireless numbers, identifying ported landline-to-wireless numbers and real-time screening of active cell phone numbers.
MSG is committed to helping you navigate the ever changing regulation landscape from the TCPA and remain in compliance while accomplishing your research goals.
For more information about TCPA compliance, see http://www.tcpacompliance.us/