1. Top Five Compliance “Must Dos” When You Get Home Tomorrow
Michael Thurman
Thurman Legal

2. The Usual Disclaimers
This presentation is for informational and educational purposes only. It is not intended to provide legal analysis or advice on any specific issues and should not be relied upon. Please consult with an attorney who is authorized to practice law in the applicable jurisdiction regarding specific questions and issues.

3. Number Five #5

4. Number Five
#5 – Make sure you have written permission from your Clients and Prospects BEFORE you phone them!

5. TCPA actions have become a growth industry for plaintiffs’ attorneys!

6. TCPA actions have become a growth industry for plaintiffs’ attorneys!
“Professional plaintiffs”

7. TCPA actions have become a growth industry for plaintiffs’ attorneys!
“Professional plaintiffs”
Usually filed as class actions

8. TCPA actions have become a growth industry for plaintiffs’ attorneys!
“Professional plaintiffs”
Usually filed as class actions
Statutory damages - $500 to $1,500 per violation

9. TCPA actions have become a growth industry for plaintiffs’ attorneys!
“Professional plaintiffs”
Usually filed as class actions
Statutory damages - $500 to $1,500 per violation
Depending on the number of calls, can range from a nuisance to a huge
potential liability!

10. What is the “TCPA”?

11. What is the “TCPA”?
The Telephone Consumer Protection Act

12. What does the TCPA Require?
What is the “TCPA”?
The Telephone Consumer Protection Act
What does the TCPA Require?

13. What does the TCPA Require?
What is the “TCPA”?
The Telephone Consumer Protection Act
What does the TCPA Require?
Express written consent BEFORE calling or texting a cell phone using an automated telephone dialing system (“ATDS”).

14. What does the TCPA Require?
What is the “TCPA”?
The Telephone Consumer Protection Act
What does the TCPA Require?
Express written consent BEFORE calling or texting a cell phone using an automated telephone dialing system (“ATDS”).
Prohibits any calls to “Do Not Call”-registered numbers!

15. What does all this mean to me?

16. What does all this mean to me?
Know where the numbers you are dialing come from!

17. What does all this mean to me?
Know where the numbers you are dialing come from!
Your Website: Must be able to show you have express consent to call.

18. What does all this mean to me?
Know where the numbers you are dialing come from!
Your Website: Must be able to show you have express consent to call.
Lead generators or other sources: Must be able to show you have express consent to call.

19. What does all this mean to me?
Know where the numbers you are dialing come from!
Your Website: Must be able to show you have express consent to call.
Lead generators or other sources: Must be able to show you have express consent to call.
Screen numbers against the DNC register or have written consent to call even if
they are on the DNC list.

20. Number Four #4

21. #4 – Tell your clients if you record or monitor their phone calls!
Number Four
#4 – Tell your clients if you record or monitor their phone calls!

22. Twelve U.S. states prohibit phone monitoring or recording without consent from both parties!

23. Twelve U.S. states prohibit phone monitoring or recording without consent from both parties!
In California, violation is a crime and allows for a private right of action:

24. Twelve U.S. states prohibit phone monitoring or recording without consent from both parties!
In California, violation is a crime and allows for a private right of action:
Class actions

25. Twelve U.S. states prohibit phone monitoring or recording without consent from both parties!
In California, violation is a crime and allows for a private right of action:
Class actions
Statutory penalties – up to $5,000

26. Simply need to disclose before recording to avoid liability:

27. Simply need to disclose before recording to avoid liability:
At the beginning of the call.

28. “This call may be monitored or recorded for quality assurance purposes

29. Simply need to disclose before recording to avoid liability:
At the beginning of the call.
In fully disclosed and accepted terms of use on your website.

30. Simply need to disclose before recording to avoid liability:
At the beginning of the call.
In fully disclosed and accepted terms of use on your website.
In your agreement.

31. Number Three #3

32. #3 – Make sure your website terms and conditions are enforceable!
Number Three
#3 – Make sure your website terms and conditions are enforceable!

33. Important website terms:

34. Important website terms:
Client’s consent for phone calls (TCPA)

35. Important website terms:
Client’s consent for phone calls (TCPA)
Acknowledgement that calls may be recorded

36. Important website terms:
Client’s consent for phone calls (TCPA)
Acknowledgement that calls may be recorded
Acknowledgement of your Privacy Policy

37. Important website terms:
Client’s consent for phone calls (TCPA)
Acknowledgement that calls may be recorded
Acknowledgement of your Privacy Policy
Agreement to arbitrate disputes

38. Important website terms:
Client’s consent for phone calls (TCPA)
Acknowledgement that calls may be recorded
Acknowledgement of your Privacy Policy
Agreement to arbitrate disputes
Other important Terms of Use

39. Can you demonstrate your client saw and agreed to the terms of your agreement?

51. X

52. Number Two #2

53. Number Two
#2 – Work on your strategic licensing plan for the states where you market!

54. State licensing requirements:

55. State licensing requirements:
Register to do business in each state

56. State licensing requirements:
Register to do business in each state
Means you have to register your business entity - corporation or LLC or whatever - in ALL of the states where you operate

57. State licensing requirements:
Register to do business in each state
Means you have to register your business entity - corporation or LLC or whatever - in ALL of the states where you operate
Identify an agent in each state for service of process

58. State licensing requirements:
Registration to do business in the state
State business licenses

59. State licensing requirements:
Registration to do business in the state
State business licenses
For example, Nevada

60. State licensing requirements:
Registration to do business in the state
State business licenses
Telemarketing licenses

61. State licensing requirements:
Registration to do business in the state
State business licenses
Telemarketing licenses
32 states require registration or licensing

62. State licensing requirements:
Registration to do business in the state
State business licenses
Telemarketing licenses
32 states require registration or licensing
20 states require bonds

63. State licensing requirements:
Registration to do business in the state
State business licenses
Telemarketing licenses
32 states require registration or licensing
20 states require bonds
Applications/fees/bonds

64. State licensing requirements:
Registration to do business in the state
State business licenses
Telemarketing licenses
Debt Relief licenses

65. State licensing requirements:
Registration to do business in the state
State business licenses
Telemarketing licenses
Debt Relief licenses
Applications/Fees/Bonds

66. State licensing requirements:
Registration to do business in the state
State business licenses
Telemarketing licenses
Debt Relief licenses
Credit Services Organizations Act licenses

67. State licensing requirements:
Registration to do business in the state
State business licenses
Telemarketing licenses
Debt Relief licenses
Credit Services Organizations Act licenses
Applications/Fees/Bonds

68. Not going to get all of these done when you get home…

69. Not going to get all of these done when you get home…
But you need to be thinking about your strategy for how you are going to address them!

70. Number One #1

71. Number One
#1 – Add disclosures to your website that Clients - and Regulators - can’t miss!

72. Besides advance fees and licensing, inadequate disclosures are the #1 regulatory issue:

73. Besides advance fees and licensing, inadequate disclosures are the #1 regulatory issue:
No affiliation with the DOE or its servicers.

74. Besides advance fees and licensing, inadequate disclosures are the #1 regulatory issue:
No affiliation with the DOE or its servicers.
Services provided are available for free through the DOE or its servicers.

75. Besides advance fees and licensing, inadequate disclosure are the #1 regulatory issue:
No affiliation with the DOE or its servicers.
Services provided are available for free through the DOE or its servicers.
Not debt relief services.

76. How can you ensure your clients – and regulators - will see your disclosures?

77. How can you ensure your clients – and regulators - will see your disclosures?
Make them unavoidable!

82. Compliance need not be expensive - but it does require focus!

83. Compliance need not be expensive - but it does require focus!
Take a few minutes to focus on these compliance issues when you return home!

84. Questions?!
Michael Thurman Thurman Legal