Month: July 2017

I have been following on the companies who have sadly been hit with heavy penalties for violating privacy and TCPA rules in text messaging.

I guess its OK for larger companies to take the hit on financial penalties and challenge some of the rules, but when it comes to smaller and medium-sized companies, any penalty can put them out of business.

Hey, we don’t write the rules, we simply follow them.

In my experience, it always paid off to consult with the right attorney, who can help those unclear, sometimes vague rules. Attorneys who follow rules and regulations and keep up with the latest case laws tend to direct or help companies stay in safe zones.

Text messaging is here to stay as the majority of the Americans like their instant response vs. staying on hold for an operator. Who does that these days? The only company who can do that is the cable company and make their customers stay on long hold!!

Every article or research I read indicates that the overwhelming majority of the people like to communicate over text, whether it’s a simple question, tech support or product support interaction. If that is the case, why do voice call centers still exist? Are they in the path of eradication? I don’t think they will ever be eradicated, but they all need to move into interaction agent tools for text communication using services like tunnel.com. Does this mean that every customer needs to opt-in? Well, it is the question you should ask your legal folks. We have to build rules-based interaction platforms, but we have to continue on building more creative tools to comply with ever-changing rules. My past experience within the telecom industry has shown that if we keep the business healthy with self-regulation, we can keep regulators away and far from our pockets.

Here are a few links to learn about TCPA issues within the USA. To the companies in other countries, “please stay out of messing with this market. Just because you are out of USA and out of FCC.gov jurisdiction, does not give you the right to mess up the business for every American.”

https://mslawgroup.com/court-fccs-2015-ruling-not-retroactive-yahoos-sms-platform-not-atds-2/
https://www.kelleydrye.com/News-Events/Publications/Client-Advisories/A-First-Look-at-the-FCC%E2%80%99s-2015-TCPA-Declaratory-Ru
https://www.mintz.com/newsletter/2016/Newsletters/6010-TCPA/index.html
https://www.law360.com/articles/925865/the-turning-tides-of-tcpa-litigation