July 1, 2016

$3.75M JPMorgan Chase Settlement Features Reassigned Numbers

You’re probably aware of rulings issued by the Federal Communications Commission, Seventh and Eleventh Circuits, holding that businesses are liable for autodialed calls and texts sent to wrong or reassigned numbers.

We previously discussed how these rulings, combined with the lack of an authoritative database of reassigned numbers, make it impossible for businesses to comply with the TCPA if making calls or sending texts using an automatic telephone dialing system. In the context of reassigned number cases, it is commonly thought that class certification is not appropriate because, among other things, the case requires too many individualized inquiries and the class may not be readily ascertainable.

The mere fact that the number was flagged as such, however, demonstrates that the original call were made to subscribers that had not consented to receive such calls. Notably, the lawsuit against Chase had not yet been certified as a class action.

Additionally, operations and compliance teams should work with legal counsel to find ways to prevent future calls from being made to reassigned numbers without attaching a specific wrong number label or disposition to the customer’s record.

Navigating the state and federal regulatory maze while mitigating risk is becoming more daunting every day for compliance leaders. Especially when dealing with agents in branch offices, reps using personal phones, or independents and BPOs marketing on your behalf. For almost 20 years, Gryphon has protected the largest and most valued brands in banking, insurance, manufacturing and home services from headline risk, brand damage, and costly fines associated with outbound marketing violations.

Avoid TCPA and DNC fines. Protect your business from TCPA and DNC Risk. The Cost of non-compliance extends far beyond the risk of fines. Since 1998, Gryphon’s highly patented suite of compliance services provides bulletproof compliance and protection from headline risk, brand damage, and costly penalties.

Our services apply all legal exemptions to those laws to help your business grow, and our experts provide customized consulting and support with expanding regulations. Bullet-proof compliance is only half the equation used to solve TCPA and DNC compliance issues.  Gryphon’s intelligent cloud engine automatically applies legal exemptions (opt-ins) to make sure you are not over-suppressing legal contacts who want to hear from you. Gryphon’s Secure Cloud engine unlocks your largest marketable universe to maximize your outreach and protect every opportunity.