Q&A From DS Berenson (HIPSummit)

Q1. Is stating “the call is recorded” necessary?

Whether or not you have to disclose orally that the call is being recorded depends to some degree on the state(s) in which you’re operating. Often times the call recording beep which may be implemented by your phone service provider will suffice as a disclosure. However, we always feel that from an operational standpoint it’s better to disclose that the calls are actually being recorded. Consumers tend to prefer being notified of that at the start of the call.

Q2. How do I collect bad debt?

We recommend that clients have a series of template letters we create that are then ready to go out at timed intervals once it becomes evident that the past due is not being collected. So, for example, if we’re unable to collect the balance due at time of install, within a certain number of days thereafter the first letter goes out.  Ten days after that the second letter goes out, and so on and so forth – each letter gradually increasing in tone and threat. We also, depending on the state(s) in question, need to understand how our mechanic lien rights will operate in the event we want to add that threat into the letter or file the actual lien.

Q3. How do I get my call center to comply with TCPA when I buy 3rd party leads from vendors?

There are only really two ways to protect yourself in regard to the purchase of third-party leads. The first is if the lead vendor agreement is going to indemnify you in the event they’re giving you leads that aren’t going to be compliant with telemarketing laws. That is hard to negotiate – most vendors selling leads want nothing to do with that, because they know the leads are defective. The second option is to simply make sure that the leads are being originated with proper disclosure authorizations in them. That requires you to understand how the vendor is generating the leads and for you to examine their methodologies.

Q4. How will 1099 sales reps be effected?

In regard to independent contractor installers, at this juncture we’re not seeing any actual changes in laws or regulations, as the Biden administration has its hands full with many other matters.  However, we are seeing increased attacks from IRS and DOL and some state agencies, so be aware of that.

Q5. What is your per doc rate to review contracts and marketing procedures for any issues?

We don’t provide a per-document review rate. We work on an hourly basis, and are happy to provide our terms and conditions if a client is interested.