Compliance

The Telephone Consumer Protection Act (TCPA) is a federal law that regulates telemarketing and sets out rules for the use of automated telephone equipment, such as auto-dialers and pre-recorded messages, as well as unsolicited text messages and faxes. TCPA compliance is essential for businesses that engage in telemarketing, as violating TCPA rules can result in hefty fines and even legal action.

How does Bluewave Data Solutions ensure compliance with TCPA regulations?
Our primary business is assisting Insurance agency owners in expanding their agencies by offering them exclusive Warm Transfers. We do not offer self-generated web data leads. Instead, we obtain web leads directly from only vendors which maintain the strictest of TCPA compliance protocols, including an opt in feature expressly consenting to be contacted. We then contact the interested consumer to discuss their insurance request. During the initial conversation, we verify that the lead was initiated by the consumer and that there is a genuine interest in obtaining a quote. We only transfer the consumer to an agency for further discussion once they have expressly expressed a desire to be transferred.

Our TCPA best practices
Bluewave Data Solutions complies with TCPA compliance best practices by following the guidelines set forth by the law. Specifically, we ensure that we have express consent from individuals before contacting them through phone or text messaging. Regardless of the consumer having expressly consented to be contacted, we also limit our attempts to reach a customer to a maximum of 7 days to ensure that we are not calling individuals who may have registered with the National Do Not Call Registry after their initial online search due to receiving too many calls.

Telemarketing
Bluewave Data Solutions complies with all applicable telemarketing rules to avoid violating the law and facing penalties. Here are some of the ways we comply with telemarketing rules:

1. Check the Do Not Call List: Bluewave Data Solutions checks the national or state-level Do Not Call list and maintain its own internal list of consumers who have requested not to receive telemarketing calls.
2. Display Accurate Caller ID Information: When making telemarketing calls, Bluewave Data Solutions displays accurate caller ID information that includes the company’s name and phone number.
3. Limit Calling Hours: Bluewave Data Solutions restricts telemarketing calls to the permissible hours as per the rules and regulations in their jurisdiction.
4. Use a Script: Bluewave Data Solutions uses a script that clearly identifies the company calling, the purpose of the call and the product or service being offered.
5. Offer an Opt-Out Option: Bluewave Data Solutions provides consumers with an opt-out option during the call, such as the ability to request that their phone number be added to the Do Not Call list.
6. Train Employees: Bluewave Data Solutions trains its employees on the rules and regulations governing telemarketing, including how to handle consumer objections, and how to comply with the Do Not Call list.
7. Maintain Records: Bluewave Data Solutions maintains records of all telemarketing calls made, including the date and time of the call, the caller ID information, the script used, and any opt-out requests received.

Auto Dialer usage rules under the TCPA
Under the TCPA, an auto-dialer is defined as any technology that has the capacity to store or produce telephone numbers to be called using a random or sequential number generator, and to dial such numbers automatically. The use of auto-dialers is heavily regulated by the TCPA, as they have been known to result in unwanted calls and texts to consumers. Companies using auto-dialers must have prior express written consent from the consumer before calling or texting them and must provide a clear and easy opt-out mechanism for consumers who no longer wish to receive such calls or texts. In addition, the TCPA imposes strict rules regarding the time of day during which auto-dialed calls may be made, with restrictions on calling before 8 a.m. or after 9 p.m. in the consumer’s time zone. Companies that use auto-dialers must ensure that their practices comply with all relevant TCPA regulations to avoid potential liability for violations.

How we comply with the auto dialer rules
Bluewave Data Solutions does not use an auto dialer to reach consumers. Our contacts are generated by the consumer when they request information on an insurance product while online. Their completed “web form” information is accumulated by various vendors then sent to us for follow up. Bluewave specialist then manually call the consumer to discuss their interest in acquiring a quote. To maintain compliance with TCPA, specifically regarding the potential calling of cell phones, we do not use technologies that automate that process. 

Moreover, in the event that a consumer who had previously granted consent to be contacted through a web form submission, requests to be excluded from our calling list, we promptly add their name and information to our internal Do Not Call list and refrain from further attempting to contact them. Bluewave Data Solutions holds itself to the highest standards of compliance with all Do Not Call regulations.

How we comply with the pre-recorded messages rules
At Bluewave Data Solutions, we do not utilize pre-recorded message technologies to contact consumers. Instead, our approach involves calling consumers who have requested to be contacted and leaving a live voice message that distinctly identifies our company, our callback details, and the purpose of our call.