The Future of Regulation

By Peter L DeHaan

November 14, 2007

In the last issue of eConnections, I expanded upon the first of six observations from the 2007 ATA Convention & Expo.  In this issue, I will cover the second item: the future of regulation.  However, first let's recap all six points:

1.      Outbound is dying.  (See "The Future of Outbound")

2.      Expect additional regulations regarding all contact methods.

3.      Plan for increased agent scarcity.

4.      Offshoring is inevitable.

5.      Computer agents are coming.

6.      There is a tremendous opportunity.

As discussed in "The Future of Outbound", the sweeping and invasive Federal Do-Not-Call (DNC) regulation, resulted in outbound calling in the United States being forever and unalterably changed.  There are now fewer outbound campaigns, fewer outbound call centers, and fewer outbound agents – and the ripple effects are worldwide.  Because of political interdiction, outbound is far different today that it was five years ago; in the future, outbound will be different than it exists today – and there will be even less of it.  We have Washington to thank for this, and the rouge players in the industry to blame. 

DNC legislation was in response to a pervasive public outcry against abusive and intrusive calling practices aggressively propagated by a few and blinded accepted as "standard operating procedure" – at least at first – by many more.  The passing of the DNC caused a universal adulation from the populace.  This emboldened our elected officials to seek further voter adoration in the form of additional legislation addressing other areas of consumer angst relating to business telephony applications and responsiveness.

In short, politicians found it expedient to regulate call centers – expect this trend to continue.  Now they're eyeing inbound.  Regulating telephone practices has become a sound strategy for those seeking reelection; it doesn't matter if it's warranted. 

All manner of inbound practices are being considered as targets and could become the focus for irrational regulation and exuberant oversight.  Included in these discussions are mandated service levels, automation limits, staffing requirements, queue specifications, hold restrictions, callback responsiveness, and escalation requirements.  What might seem a simple and benign regulation by an uninformed politician, could force call center costs to skyrocket exponentially, not only effecting the manner and degree to which callers can be served, but even putting the future viability of the inbound call center in jeopardy.

On top of this, efforts are being directed toward potential Do-Not-Mail and Do-Not-Email.  Not only are these viable contact methods, they also drive incoming calls to call centers.  Do-Not-Call could very easily become Do-Not-Contact, threatening the very core of commerce.  Left unchecked and unopposed, some of these legislative efforts will succeed, further limiting the scope what a call center can do.

ATA CEO Tim Searcy has emerged as an outspoken champion of responsible call center practices and is a formable opponent against uninformed, illogical, and unnecessary laws.  Tim is aided by Zach Rice, ATA's Director of Government Affairs, who diligently tracks proposed and pending legislation at the state and federal level. 

These men, however, need the support from the industry if punitive and unnecessarily restrictive legislation efforts are to be avoided.  In addition to the periodic compliance seminars that promote best practices in the call center, there are two key initiatives that everyone needs to support.  The first is the annual Washington summit, which addresses these legislative issues.  The other is ATA Self Regulatory Organization (SRO) that is focused on establishing and promoting self-regulatory standards for the contact center industry.  Get involved now – before it is too late.