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If you want additional information about this or any other telemarketing compliance topic, please contact Ken Sponsler at possiblenow.com.

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What records are required by regulation? What other records should you maintain?

For this discussion, recordkeeping is described in three broad categories. These categories include corporate compliance records, regulatory requirements and remedial documents.

Corporate Compliance Records:
Corporate compliance records are the foundation of the company’s compliance program. These records include the corporate compliance guidelines, corporate do not call policy, privacy policy, and compliance activity. At a minimum, you should review corporate compliance records annually to ensure they continue to meet evolving regulatory requirements or changes in your business.

The corporate compliance guidelines describe what the company must comply with, how it complies and who is responsible for compliance. This document must sufficiently describe internal and external compliance processes and procedures, compliance oversight (including monitoring and enforcement procedures), risk management, and training.

The company do not call policy is a required element for the DNC safe harbor and should describe your company’s policy to collect and honor consumer requests not to be called, including how requests are entered into your system.

Finally, your overall privacy policy is another corporate compliance document that should be maintained and reviewed on an annual basis.

Regulatory Requirements:
The Telemarketing Sales Rule and the Telephone Consumer Protection Act describe the types of records that must be maintained. Most of these records must be maintained for a minimum of two years. The exception is consumer do not call data. Federal and most state rules mandate that consumer do not call requests are maintained for at least 5 years (10 years in AZ, DE, and VA).

As you scan the following categories of records, ask yourself two questions: who maintains these records and can you readily produce complete records for the past two years?

Telemarketing scripts and promotional materials.

Name and address of prize recipients (value of $ 25.00 or more)
Name and address of each customer, purchase records and shipping receipts
Name, (including fictitious) home address and telephone number, job title(s) for all current and former employees directly involved in telephone sales
All verifiable authorizations of express informed consent or express agreement required to be provided or received under the Telemarketing Sales Rule
Records ensuring compliance with the 3 % abandonment rate per 30-day period.
A list of telephone numbers that the seller may not contact.
National Registry Access records and campaign compliant scrub records
Written policy for maintaining an internal do-not-call list.
DNC Policy training records

We have found many companies who incorrectly believed that their third party providers were maintaining records. We have assessed third party providers who have told us that they only maintain records if they are contractually obligated to do so. If your company ceases to do business with a partner who is maintaining your records, are you ensuring that you take possession of these valuable records?

We have helped companies defend against regulatory investigations who have found out too late that their records are incomplete, inadequate and very difficult to assemble.

Remedial Documents:
You should ALWAYS fully document any anomaly or failure in your compliance processes. These include things such as system failures, a late download of the National DNC Registry, failure to properly scrub a calling campaign, and so forth. Upon discovery of these types of compliance issues, fully document the issue, the actions that were taken to correct the situation, and your process changes to ensure the failure does not occur again. This demonstrates due diligence and a convincing concern for compliance should you ever be investigated.

Conclusion:
Recordkeeping is the key to defending your company should the need ever arise. Do not leave this important component of your compliance program to chance. For this reason, recordkeeping is a prominent component of our compliance assessment program. We can determine a lot about your company and your third party vendors by reviewing your records. If companies cannot produce records, we usually find other high risk compliance issues.

These records are also very valuable to your company, so ensure all compliance records are safeguarded and routinely backed up. It may even be a good idea to collect records from third parties on a monthly or quarterly basis to ensure adequate safeguarding.

If you want additional information about this or any other telemarketing compliance topic, please contact Ken Sponsler at possiblenow.com.

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