Guest Post! Recruiters: Are you TCPA compliant?

By: Tiffany Anderson


11131835_HiRes(2) (1) New changes effective October 16, 2013


Have you adopted the use of autodial features that instantly connect you to candidates for your jobs? While this convenient service helps to open up the line of communication with your target audience faster than your competitors, it could wind up costing you more money than its worth if you do not take the proper precautions. Be sure to protect yourself against new regulations covered under the Telephone Consumer Protection Act (TCPA). Starting October 16, 2013, prior express written consent will be required for all autodialed and/or pre-recorded calls/texts sent/made to cell phones and pre-recorded calls made to residential landlines for marketing purposes.

“Prior express consent” requires a signed agreement from the consumer, which clearly explains they will be contacted using automatic telephone dialing systems. Not only do you have to obtain consent from consumers but agencies should also store these proof of their consent for at least four years in the event a dispute is filed against you. Failure to comply may result in fines that can range from $500 to $1,500 per violation. These penalties add up quickly—2,000 unauthorized calls could cost you at least $1,000,000.

How do you obtain proper consent? While there are many ways to obtain written consent, any method under the E-SIGN Act is an acceptable form of consent under the TCPA regulations that includes online web forms, email agreements, text messages, etc. The services used to obtain these electronic and digital consents should also keep a log of all the information you need to provide proof, should you ever need to.

It is not too late to take action! If you are using auto-dialer systems, protect your business. Conduct research on these new laws and gain a better understanding of the TCPA laws. Or better yet, seek legal counsel and provide your attorney with copies of agreements and privacy policies from your agency and the companies you obtain leads from. While you may have been purchasing your leads from trusted partners, they may not be informed of the new TCPA laws or have proper consent from consumers that allow you to use autodial responders. You may need to develop new practices to ensure you are in compliance.

 Tiffany Anderson is an Account Manager for Track5Media, LLC, a holding company that manages websites in the healthcare recruitment industry. Travel Nurse Source, Allied Travel Careers and Locum Jobs Online are highly targeted job boards and lead generation sites used by recruiters.

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