Auto Dialer Compliance Challenges and Solutions for Lawyers-Client Engagement

Posted In | CRM | Help Desk | Auto Dialer | Law Firms

Communication is the backbone of any legal practice. It is through effective communication that lawyers can keep their clients updated, collect vital information, and build strong relationships. One of the tools that have revolutionized communication in law firms is auto dialers. However, as much as auto dialers have improved efficiency and productivity, they come with a fair share of compliance challenges. This article explores these challenges and provides viable solutions to enhance lawyers-client engagement.

 

The Compliance Challenges

The most significant challenges that lawyers face when using auto dialers revolve around privacy laws and regulations. These laws regulate how businesses, including law firms, can use auto dialers and other automated calling technologies. They include the Telephone Consumer Protection Act (TCPA), the Do Not Call (DNC) list, and the Telemarketing Sales Rule (TSR).
 

One of the main compliance challenges is getting prior express consent from the clients before making an auto-dialed or pre-recorded call. According to the TCPA, a law firm must have written or oral consent from the client before making such calls. Failure to do so can result in hefty fines and legal penalties.
 

The second challenge is ensuring that the law firm does not call numbers listed on the DNC registry. Calling a number on this list can result in fines of up to $40,000 per call. This makes it crucial for law firms to regularly scrub their call lists against the DNC registry.

 

The Solutions

Despite these challenges, lawyers can still harness the power of auto dialers while remaining compliant. Here are a few solutions:
 

1. Secure Prior Express Consent

This can be done by including a clear and conspicuous disclosure on the engagement agreement or intake form. The disclosure should inform the client that by providing their phone number, they are consenting to receive auto-dialed and pre-recorded calls.
 

2. Regular Scrubbing of Call Lists

Law firms should regularly scrub their call lists against the DNC registry. This will ensure that they do not call numbers on the registry. There are various software solutions available that can automate this process, saving time and reducing the risk of inadvertent violations.
 

3. Use of Compliant Auto Dialer Solutions

Some auto dialer solutions are designed with compliance in mind. These solutions have built-in features such as call recording, logging, and DNC list scrubbing that help law firms stay compliant with the relevant laws and regulations.

 

While auto dialers present several compliance challenges for law firms, these challenges can be overcome with the right strategies and tools. By securing prior express consent, regularly scrubbing call lists, and using compliant auto dialer solutions, law firms can enhance their client engagement while staying on the right side of the law.