When should you check the Do Not Call Registry?

Jake and Scott explain when businesses must check the federal Do Not Call Registry before calling customers. They cover the legal requirements and compliance best practices to avoid fines and violations.
Hello everyone. Welcome back to another Volley rally. Today we have the two OGs here. Scott and I back for another session here together. Scott, how's it going?
Doing great, Jake, as always.
Good. It's been been a hot minute since we've had you on. So good to get you here. Today's topic we're going to dive into a little educational with the federal do not contact list. So when should folks be checking the federal DNC before they call their, their customers?
Yeah, this one is a pretty important one to follow. And I do want to point out that neither of us are lawyers. You guys should consult with your attorney on this. But the case law is pretty clear. If you are calling from a, from an ATDS and automatic telephone dialing system, you better be doing it every single time. So ATDs normally thought of as something like robo dialing or, or, or ringless voicemail. Dealers still do those things. Not as common but, but coming from an atds, you should do that every single time. But generally most of us aren't. You're dealing, you're dialing from Volley, which manually initiates every call. You're calling from your cell phone. You're going click to call the desk phones, etc. Those are not ATDS calls. So when do you need to check? Well, it really depends and it's different for every state. I'm going to do what's generally right in most states, but you guys should check where you're at. And of course if you have any questions, you can call or email me. I'm always here to help. Valet customer or not. So in most states there is an 18 month transactional EBR timeline or a three month inquiry EBR timeline. So what that means is if the dealership has done business with someone in the last 18 months, generally they have the rights to call the customer unless the customer is asked not to without checking the federal do not contact list. As with all this stuff, by the way, there's, there's reasons why you don't need to check certain types of calls and such. Those are, those are for a different podcast. But generally if you've done business with them in most states you just in the last 18 months you're okay to call them. One quick note, the federal do not contact list, it governs calls and SMS messages in the same manner. The reason why SMS messages get a lot more notoriety in the automotive business is the documentation is way better than a phone call. And, and we've had some big claims, but generally it's been due to not following those, you know those guidelines. What about the inquiry? The inquiry is like a web lead. So someone submits a web lead generally most states, in fact at least 40 of them. You have three months to to contact that customer with the opt in you collected for that web lead they had. After that time I'd look to get on and see how you can check those numbers against the federal Dunni contact list. It's not hard to do. Most businesses do it for you. Volley does of course if you've got a sans number but it's really no tougher than that. Don't dial from aatds. Know your transactional and inquiry timelines for your state. Know that you've got a valid opt in. Of course you're always, you're always eligible to. But there you go. It's not simple but it's not hard to follow too. Once you just do a few checks.
And ultimately just to reiterate it one more time, we're not lawyers here. If you have any specific questions relating to your business, it's always good to consult counsel to make sure that you are doing things within the scope of the law but also that you are comfortable with for your business to not put you in any hot water. So isn't that right, Scott?
Of course. I mean it's. Anyone would give that advice there.
So sounds great. Well, thanks so much for taking the time to walk us through this very important though short topic. And for those of you listening, let us know if you have any follow up questions on this and you can always reach out to Scott or myself and also let us know in the comments what other topics you would like to see on these educational volley rallies. So thanks so much and have a fantastic day.
See you. Thank you.
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