Work Email Addresses and Mobile Numbers: Are They Safe to Use?
- Always ask consumers for personal contact information. Your best bet, legally speaking, is to minimize the number of work accounts your organization uses for collection-related communications.
- Get consumers to agree to notify you if their employment status changes. If your terms and conditions are detailed enough, and the consumer assumes responsibility for keeping you informed, you’ll have done your part to ensure the integrity of the collections process. This will afford a good measure of protection in the event of a legal claim.
“So if that consumer had given you consent . . . but now you’ve added in the additional wrinkle of the fact that the person has left the office. She’s no longer there, but they’re monitoring her email. They open the email, and therefore the company gets the . . . analytic results saying, ‘I sent my 1692g notice.’ [ . . . ] Did she receive the notice, or did she not?” – David Kaminski
Text Messages: Navigating Carrier Demands, Consumer Expectations, and the Law
- Use simple, straightforward language. Consumers must fully understand anything they’re signing up to receive. Opt-in mechanisms must be clear, and when consumers unsubscribe, they must receive an acknowledgement of the action.
- Be careful with abbreviations. Acronyms can’t spell out inflammatory words (I’d call this one a no-brainer).
- Terms and conditions are essential. By getting a consumer to agree to terms and conditions upfront, you can effectively nullify gaps and inconsistencies between CTIA and Fair Debt Collection Practices Act (FDCPA) requirements.
E-Sign: How It Applies, and How to Comply
FACT: Obtaining E-Sign consent is a two-step process.
- During a recorded conversation with the consumer;
- In an email;
- In a text message;
- In a writing;
- On a website.
FACT: An initial communication that includes the 1692g validation notice DOES NOT trigger the E-Sign requirement.
FACT: A communication subsequent to the initial communication with the consumer DOES trigger the E-Sign requirement.
TIP: To obtain proper E-Sign consent, provide detailed information and terms and ask for a response.
TIP: Always confirm receipt of legally required documents.
“Revocation is that word that I think is so important in this whole context . . . . Anytime someone withdraws consent, whether you believe they did that in the proper manner . . . once that’s communicated, the best and safest course to minimize your risk is to honor that and comply with it.” – David Kaminski
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Disclaimer: Ontario Systems is a technology company and provides this blog article solely for general informational and marketing purposes. You should not rely on the content of this material for any other purpose or as specific guidance for your company. Ontario Systems’ advice, services, tools and products described herein do not guarantee compliance with any law or industry standard. You are ultimately responsible for your own company’s actions and compliance efforts. Because everyone’s situation is different, you must consult your own attorneys, accountants, and/or other advisors to obtain specific advice on your company’s compliance, legal, tax, regulatory and/or other business needs. Despite Ontario Systems’ efforts to provide current and up-to-date information, you need to recognize that the information contained herein may become outdated quickly and may contain errors and/or other inaccuracies.
© 2019 Ontario Systems, LLC. All rights reserved. Information contained in this document is subject to change. Reproduction of this publication is not permitted without the express permission of Ontario Systems, LLC.
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