December 8, 2016
Partners Alysa Hutnik and Lauri Mazzuchetti were featured in the Compliance Weekarticle “For whom the ring tolls: Companies struggle with TCPA.” The article focuses on how companies are struggling to comply with the Telephone Consumer Protection Act (TCPA). It notes that the law pre-dates much of the technology that companies are using today. Ms. Hutnik commented on the rise of TCPA lawsuits. “When you want to have some efficiency with a large volume of calling, you are going to bring in technology to help and that is where the TCPA provides a number of hurdles. You can’t just dabble with it and hope you get it right. You need to know what you are doing so you don’t get exposed. The trend with lawsuits is up, up, up. It is surprising when a company hasn’t received a TCPA demand,” said Ms. Hutnik. Ms. Mazzuchetti went on to provide suggestions to companies. “There are so many pitfalls even when you are doing everything right, but by being knowledgeable and informed about what the obligations are and coming up with a strategic approach—with a written set of policies, processes, and training for your team and the third parties that may be helping—you can dramatically decrease your risk exposure. Once you have a compliance program in place it is a lot easier to be able to update the program as you have tweaks in the law.” Both recommended periodic audits of call records and TCPA compliance. “You may think you have good processes, but until you put them to the test you don’t know if they are really working as intended,” Ms. Hutnik said.