Ensure Accessibility: Know the Legal Requirements for Call Centers

Call centers can be invaluable resources for consumers who have questions about a product or service, or who simply need additional information. One of the key aspects of any call center is accessibility; simply put, it’s important for call centers to serve all customers, not just some.

Accessibility matters for more reasons than one. On one level, it’s simply good customer service. But there’s also a regulatory dimension. A call center that is not accessible to a wide range of customers may actually be in violation of pertinent laws. 

As such, one of the more important steps any call center owner or manager can take is to brush up on the legal requirements that govern this industry.

Why Does Accessibility Matter for Call Centers?

Before we get into the specifics of the call center regulatory environment, it’s worth digging down into this question: Exactly why is call center accessibility so important?

It Ensures Equal Access

First and foremost, accessibility makes it so that all individuals can access the same services and support, including those who live with various forms of disability. By focusing on accessibility, your call center can promote fairness and inclusivity.

It Bolsters Legal Compliance

Most countries have laws that dictate the terms of accessibility for all consumers. In the United States, that means the Americans with Disabilities Act, among others. Non-compliance with these laws risks reputational damage, to say nothing of hefty legal penalties and other potential fees.

It Promotes Customer Satisfaction

Most call centers pay close attention to their customer satisfaction metrics. One of the best ways to ensure a high standard of customer satisfaction is to be sure that every customer has access to the same level of quality service. In turn, this boosts customer loyalty and retention levels, and may even result in more referrals.

It Provides Access to a Broader Customer Base

A focus on accessibility also means, by definition, that call centers can reach a wider customer base. Simply put, being able to reach customers who have disabilities is not just good for fairness and inclusivity. It’s also good for growing the business.

It Enhances Brand Reputation

No business wants to have a reputation for being inaccessible, or for failing to accommodate customers who live with disabilities. Making services more broadly available shows a commitment to social responsibility, which in turn fosters a more positive image.

It Helps All Customers, Not Just Those with Disabilities

Something else to consider is that promoting accessibility isn’t only meaningful for customers who have disabilities. It can also be a boon for other customers. For example, providing clearer instructions and additional avenues of communication can make the call center more responsive and helpful to all.

It Foregrounds Employee Inclusivity 

One final reason to make accessibility a big focus: It makes it easier for employees who are employed by the company to work effectively and to contribute meaningfully to the organization. Again, accessibility is a good thing for everybody!

How Can Call Centers Promote Accessibility?

With all of that said, when we talk about accessibility for call centers, exactly what are we talking about? Fundamentally, it’s all about making call center services easily available to all callers, without any undue barriers. More specifically, there are a number of regulations that call center owners and managers should be aware of.

The Americans with Disabilities Act (ADA)

The ADA is a wide-raging U.S. law that has implications for practically all organizations that serve the public, including call centers. Specifically, the ADA requires that call centers ensure effective communication channels even for people who have disabilities. One example of this might be providing TTY, or text telephone, for customers who are deaf or live with other forms of hearing impairment.

The Telephone Consumer Protection Act (TCPA)

Another watershed law, the TCPA is mostly focused on telemarketing. However, it’s something that call center owners and managers may wish to have on their radar. This law does have some implications for ensuring that communication is broadly accessible. And it has some ramifications regarding the need to obtain consent before collecting or storing any kind of personal data.

Web Content Accessibility Guidelines (WCAG)

This set of regulations is pertinent for any call center that makes resources available online. It stipulates that all digital content be accessible to all customers, including those who live with disabilities. Again, the intent of this law is simply to ensure that all people can have access to the same levels of support and service.

Section 508 of the Rehabilitation Act

This law is only germane for call centers that are attached to federal agencies, and it requires that electronic and information technology be accessible even to those who have disabilities of one kind or another.

State and Local Laws

So far, we have outlined a number of federal regulations, but it’s important to note that some states and municipalities have regulations of their own. It’s recommended that all call center owners and managers check local laws, and seek legal counsel if they have specific questions or concerns.

How Can Call Centers Limit Their Legal Liability?

Any noncompliance incident, or consumer complaint, can potentially incur reputational damage as well as legal jeopardy. As such, it’s benefit for call center businesses to review different options to limit their legal liability, curtailing their exposure to risk.

One of the most important ways for a call center to limit its legal liability is to select the best business structure. And while there’s no one right answer here, many call center businesses will benefit from the LLC (Limited Liability Company) structure. Consider a quick overview of what an LLC is, and how it helps call centers minimize their exposure to legal risk.

LLCs Explained

An LLC is a business structure that creates a clear distinction between the business and its owners; in other words, an LLC makes it possible to keep business assets and liabilities separate from personal ones.

One of the upsides of this is that, if the LLC is hit with a lawsuit or a noncompliance incident, the business owner is protected from any personal damages. This provides business owners with some reassurance that any legal risk they face is modulated and mediated.

There are other LLC benefits, too, including pass-through taxation and managerial flexibility. For the purposes of accessibility compliance, though, the limited liability protections are most relevant of all.

How to Register an LLC

The actual process for registering an LLC can vary from state to state, and it’s always best to investigate state-specific guidelines. With that said, the general process looks something like this:

• Choose the state where you wish to register. While you can technically register anywhere, it makes the most sense from a tax perspective to register in the state where your call center operates, e.g., for a call center headquartered in Phoenix, consider starting an LLC in Arizona.

• Find a Registered Agent. Every LLC is required by law to have someone (a Registered Agent) who can receive legal documents on the business’ behalf. This must be someone with a physical mailing address in the state where you have registered. 

• File Articles of Organization. This is the name of the legal document that formally establishes your business as an LLC. Be aware that most states charge registration fees, too, which can be anywhere from $20 to over $300. It just depends on the state where your call center is registering.

• Create an Operating Agreement. Though not legally mandatory, this document can help clarify roles between you and your partners, potentially reducing the risk of any legal friction down the road.

Following these steps can help you establish an LLC and limit your call center’s exposure to legal risk. That can be an important safeguard, even as you seek full compliance with accessibility laws.

Final Guidelines and Best Practices

As you seek to comply with all relevant accessibility laws, consider a few best practices and general tips.

• Train your staff. A big part of ensuring legal compliance is making sure your team members are briefed on what’s expected of them, and how they can ensure their services are readily available to all who need them. Investing in training is one of the best things you can do to avoid non-compliance issues.

• Focus on offering multiple contact methods. Another important way to ensure your call center is able to serve everyone? Always offer multiple paths for contact. For example, phone calls, live chat, and email can all be effective ways to provide service.

• Keep technology up to date. Finally, be sure you keep all of your call center’s technology up to date, in line with the ever-changing regulatory environment.

Foreground Accessibility at Your Call Center

For call centers, accessibility is an ongoing concern. Make sure your call center is fully compliant with any and all accessibility laws, and that you’re doing everything in your power to serve the broadest possible customer base… all while minimizing your own legal liability.