New Telemarketing Regulations: What You Need To Do by March 31st

Don't let the new telemarketing and robocalling rules leave you hanging! Follow these steps to stay compliant and continue to connect with your customers through text messages.

As of March 31, 2023, new rules regarding telemarketing and robocalling will go into effect. These rules are designed to protect consumers from unwanted calls and messages, and they apply to all businesses, including independent insurance agencies. The two main rules that will go into effect are the Telephone Consumer Protection Act (TCPA) and the Telemarketing Sales Rule (TSR). In this blog post, we will discuss these rules and the steps that independent insurance agents can take to register for the national registry and phone provider to be able to continue texting customers.

What’s the Telephone Consumer Protection Act (TCPA)?

The TCPA was enacted in 1991 to regulate telemarketing calls and messages. It was designed to protect consumers from unwanted calls and messages, including robocalls and text messages. Under the TCPA, businesses must obtain the consent of the consumer before sending them any telemarketing messages. The new rules that go into effect on March 31, 2023, will require businesses to obtain explicit consent from consumers before sending them any text messages for telemarketing purposes.

What’s the Telemarketing Sales Rule (TSR)?

The TSR was enacted in 1995 to regulate telemarketing calls and messages. It applies to any business that engages in telemarketing, including independent insurance agents. The TSR requires businesses to disclose certain information to consumers, such as the identity of the caller and the purpose of the call.

What do I need to do by March 31st?

The new rules that go into effect on March 31, 2023 will require businesses to obtain consent from consumers before using any automatic dialing technology to make telemarketing calls.

To comply with these new rules, independent insurance agents will need to take several steps.

1. First, independent agencies must register with the national registry, which is maintained by the Federal Trade Commission (FTC). The national registry is a list of phone numbers that have been registered by consumers who do not wish to receive telemarketing calls or messages. www.donotcall.gov. Independent insurance agents must scrub their contact lists against this registry to ensure that they are not contacting consumers who have opted out.
2. Second, independent insurance agents will need to work with their phone provider to ensure that they are using technology that is compliant with the new rules. This may involve implementing new software or upgrading existing systems. Independent insurance agents must ensure that any automatic dialing technology they use is compliant with the new rules and that they have obtained consent from consumers before using it.
3. Third, independent insurance agents will need to obtain explicit consent from consumers before sending them any text messages for telemarketing purposes. This may involve sending a message to consumers asking them to opt-in to receive text messages or using a sign-up form on their website. Independent insurance agents must keep records of this consent and be able to produce them upon request.

In conclusion, independent insurance agents must take these new rules seriously and take steps to comply with them. By registering with the national registry, working with their phone provider to ensure compliance, and obtaining explicit consent from consumers, they can continue to text customers without fear of violating the new rules. Failure to comply with these rules can result in significant fines and penalties, so it is important for independent insurance agents to take action now to ensure compliance. Visit www.campaignregistry.com for more information.