Compliance It’s Not Just for Inbound
Shane Cordon | 801-715-5127 |
[email protected]
INTRODUCTIONS Allison D. Rule Attorney Marashlian & Donahue, LLC
Eric Esfahanian Senior Vice-President Gryphon Networks
Shane Cordon Principal Product Manager InContact
Jennifer Waite Product Marketing Manager InContact
Regulations, Laws & Why You Must Pay Attention
Allison D. Rule | Attorney | Marashlian & Donahue, LLC
RECENT SETTLEMENTS TCPA Jiffy Lube International, Inc. (2012 - Southern District of California): Class action involving spamming text messages sent via ATDS. Company agreed to $47 million settlement. AT&T Corp. 2012 - Western District Washington): Class action involving use of ATDS/artificial prerecorded voice. Company agreed to $4 million settlement. Precision Electronics Glass, Inc. (2012 - Northern District Illinois): Junk fax lawsuit. Defendant agreed to a settlement of $16 million.
$47M $4M $16M
RECENT SETTLEMENTS HIPAA WellPoint, Inc. (2013 - HHS): WellPoint reached a $1.7 million settlement with the Department of Health and Human Services (“HHS”). Involved an Internet-based database that was not property secured. As a result, protected and confidential medical information of thousands of insurance applicants was disclosed. Hospice of North Idaho (2013 – HHS): First HHS settlement involving the disclosure of confidential information of less than 500 patients. Case settled for $500,000 and involved a stolen laptop containing unencrypted electronic protected heath information.
$1.7M
$500K
HOW DO YOU SPELL “COMPLIANCE” TCPA – Cell Phone Compliance Recent Ruling - Nelson v. Santander • “Cannot use a system … capable of automated dialing” • Wisconsin jurisdiction
Dobbin v. Wells Fargo Auto Finance, Inc • Manually dialing a phone, even if it is connected to a ATDS, does not constitute using an ATDS to make the call; Unpublished
10 YEARS LATER
HOW DO YOU SPELL “COMPLIANCE” • EBR replaced with EWC • SMS same regulations as Cell Phones • Robo-calls restricted for non-informational calls • Opt Out option must be provided on recorded messages
REGULATION – “WHO’S WATCHING YOU?” FCC - Federal Communications Commission • Telephone Consumer Protection Act (“TCPA”) • CAN-SPAM Act • Consumer Proprietary Network Information (“CPNI”)
HHS - Department of Health and Human Services • Heath Insurance Portability and Accountability Act (“HIPAA”)
REGULATION – “WHO’S WATCHING YOU?” CFPB - Consumer Financial Protection Bureau • Fair Credit Reporting Act (“FCRA”) • Graham Leach Bliley Act Privacy
Federal Reserve and Office of the Comptroller of the Currency • Responsible for privacy enforcement for institutions under their jurisdiction under the GrammLeach Bliley Act.
REGULATION – “WHO’S WATCHING YOU?” FTC - Federal Trade Commission
• Telemarketing Sales Rule (“TSR”) • TCPA • (non-common carrier enforcement)
• Fair and Accurate Credit Transactions Act (“FACTA”) • Fair Debt Collection Practices Act (“FDCPA”) • Fair Credit Reporting Act (“FCRA”)
REGULATION – “WHO’S WATCHING YOU?” State Attorneys General
• State consumer protection laws. Industry Regulation
• PCI DSS
BEYOND TCPA PRIVACY REGULATIONS EFFECT EVERYONE Other Privacy Requirements Impacting Large Industries • HIPAA • FACTA, FDCPA, FCRA • PCI-DSS
General Considerations and Good Practices • Obtaining proper ID and contact information • Handling sensitive data • Recording of Conversations – two party consent
Compliance Solutions
Eric Esfahanian | SVP | Gryphon Networks
BOTTOM LINE GOAL – MAXIMIZE CONNECTS
CURRENT AVAILABLE OPTIONS OPTION 1 - Pre-scrub lists and present only compliant records. Pros: Lower cost typically for batch processing Cons: The answer is only correct at the time of processing, the answer may change before the record is called.
Service options: Internally developed services to identify compliance issues and suppress non-compliant leads. 3rd Party subscription services
• Typically a transactional pricing model. • Gryphon Networks
CURRENT AVAILABLE OPTIONS OPTION 2 - Real time API call to get a decision on each call presented for calling. Pros: Accuracy - Decisions made based upon the latest possible information at the last possible moment. Time based considerations can also be considered. Cons: More expensive than file based batch processing. Performance impact if answer is not received timely.
Compliance Solutions
Shane Cordon | Principal Product Manager | inContact
CELL PHONE COMPLIANCE – YOUR WAY TCPA cell phone compliance
Predictive Cache
Agent is selected from available agents
Pacing Engine launches call request
Call Answered
Landline / EWC exception
Call Requests
Consumer Data
System determines if phone number presented Cell Phone is a cell phone or not
without EWC exception
Agent Interaction a) 10 digit entry b) Click to call Call is Launched
Call Request Presented to an Agent
Agent accepts the call request
Media Server – 1:1 ratio NO PREDICTIVE
Business defines which route to use for handling compliance calls
Agent Dials – Call is Launched
Business Choice (POTS, cloud, premise, VOIP)
ADDITIONAL TOOLS FOR COMPLIANCE • Time zone management • North America time zones – editable • Manual on/off for micro management
• DNC collection and suppression • Opt out requests (Inbound, IVR, Abandon Message, Disposition) • Uploaded customer lists • Export lists for review and management
• Abandon rate management • Specify abandon rate maximum • Compliance reporting
GRYPHON INTERACTION THROUGH INTELLIGENT CALL SUPPRESSION
KEY TAKEAWAYS
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QUESTIONS?
WHAT IF YOU CALL A REFERRAL? WHAT ARE THE COMPLIANCE REQUIREMENTS?
WE SUBSCRIBE TO THE FEDERAL DNC LIST, IS THAT ENOUGH?
WHAT ARE THE QUESTIONS I NEED TO ASK INTERNALLY TO ENSURE WE ARE COVERED AND NOT EXPOSED TO RISK?
WE BUY PRE-SCRUBBED LISTS, IS THAT ENOUGH?
HOW DO I MAKE SURE MY OUTSOURCER IS COMPLIANT?
THANK YOU
