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The Cost of Non-Compliance: What Happens If You Call a Reassigned Number Without Checking the RND

In the realm of telemarketing, customer service, and any outbound calling operation, maintaining compliance with regulations like the Telephone Consumer Protection Act (TCPA) is paramount.One of the most significant and often overlooked compliance risks stems from calling “reassigned numbers” – phone numbers that were once associated with one consumer but have since been given to a new, unconsenting individual.

The Federal Communications Commission (FCC) established the Reassigned Numbers Database (RND) precisely to mitigate this risk. Failing to check the RND before making calls can lead to severe consequences, turning an innocent oversight into a costly legal nightmare.

RND compliance for businesses: Understanding the basics

  1. Consent is Key: The TCPA dictates that businesses generally need prior express consent (and often “prior express written consent” for marketing calls using an autodialer or pre-recorded voice) from the called party to make certain types of calls.
  2. Consent is Tied to the Person, Not the Number: If Person A gives consent to be called at number 123-456-7890, but that number is later reassigned to Person B, Person B has not given consent. Any call to that number, even if intended for Person A, is now a call to an unconsenting individual (Person B) and potentially a TCPA violation.
  3. High Reassignment Rate: The FCC estimates that approximately 37 million telephone numbers are reassigned annually in the U.S., meaning over 100,000 numbers change hands daily. This makes accidental violations a significant risk for any high-volume caller.
  4. The Role of the Reassigned Numbers Database (RND): The RND is an FCC tool to check if a phone number has been reassigned since consent was given. Its role is to prevent callers from contacting unintended, unconsenting individuals, thereby avoiding costly TCPA violations and associated lawsuits.

What is the penalty for calling a reassigned number?

  1. Violation of FCC Regulations
    • Mandatory Requirement: As of July 2021, businesses must consult the RND before making calls or sending texts to ensure that numbers have not been reassigned.
    • Regulatory Risk: Failing to check the RND means you’re not following FCC rules, making you vulnerable to penalties.
  1. Legal Penalties and Fines
    • TCPA Violations: Calling a reassigned number without consent can be considered a violation of the Telephone Consumer Protection Act (TCPA).
    • Hefty Fines: Fines can reach up to $500 per call, and up to $1,500 per call for willful violations.
    • Lawsuits: Non-compliance can lead to class-action lawsuits, costing organizations millions in damages and legal fees.
  1. Increased Risk of Consumer Complaints
    • Wrong Recipient: A reassigned number means you’re contacting someone who never consented to receive your messages.
    • Spam Reports: These unintended calls are often reported as spam, which damages your sender reputation and could trigger call blocking.
  1. Damage to Brand Reputation
    • Loss of Trust: Consumers who receive unsolicited calls may view the brand as invasive or careless.
    • Negative Publicity: Lawsuits or complaints can generate negative media coverage, harming your credibility and public image.
  1. Lower Communication Effectiveness
    • Wasted Resources: Time, money, and marketing efforts are wasted on invalid or reassigned numbers.
    • Reduced ROI: Low response rates from incorrect recipients impact the effectiveness of outreach campaigns.
  1. Loss of Safe Harbor Protection
    • FCC Safe Harbor Clause: Organizations that check the RND and follow protocols may qualify for protection against liability if a reassigned number slips through.
    • No RND Check = No Protection: Skipping the RND check forfeits this legal shield, exposing your business to full liability.
  1. Compromised Data Integrity
    • Poor List Hygiene: Not verifying numbers leads to outdated or incorrect customer data, undermining customer relationship management (CRM) systems.
    • Compliance Gaps: This also reflects poor internal compliance processes, which can affect audits or future regulatory reviews.
  1. Business Disruption and Operational Costs
    • Customer Service Burden: Staff may have to manage and respond to angry or confused call recipients.
    • Legal and Compliance Costs: Non-compliance often results in internal investigations, legal consultations, and process overhauls—all of which are expensive and time-consuming.