On October 16, 2013, new FCC regulations will go into effect that introduce the requirement of prior express written consent for certain types of commercial phone calls and text messages to consumers. Among other things, the new rules require that marketers have prior express written consent to autodial or send pre-recorded messages to cell phones. The rules, which put the burden of proof for compliance on the marketer/caller, come with stiff penalties ($500.00 - $1,500.00 per call/text) and will open the door for numerous consumer class action lawsuits.
The new Telephone Consumer Protection Act (TCPA) rules will have
broad implications for three reasons. First, many marketers that
make outbound calls to consumers utilize call centers. These call
centers typically use "autodialing" software to make the
calling process more efficient. Second, a growing percentage of
U.S. households exclusively rely on wireless phones. As of June
2012, 35.8% of U.S. households were wireless only1. Third,
consumers can bring private lawsuits or initiate class-action
lawsuits against marketers that violate the regulations. This
combination of high numbers of auto-dialed calls, coupled with
increasingly exclusive reliance on mobile phones and sti penalties
for non-compliance, make these changes significant.
This paper is focused on Internet leads, also known as web leads or inquiries.
An Internet lead is a consumer inquiry generated when a consumer
fills out a form on a website requesting to be contacted by a
business (marketer). Internet leads are often purchased by
marketers on a cost per lead basis. Companies that buy and sell
Internet leads are part of the Online Lead Generation Industry, a
$1.7 billion industry in 20122.
This is a two part whitepaper, provided by the law firm of Klein Moynihan Turco LLP (KMT) and ActiveProspect, a marketing Software-as-a-Service (SaaS) provider. Part 1, written by KMT, provides a background on the legal aspects of the new TCPA regulations as they pertain to Internet leads.
Part 2, provided by ActiveProspect, highlights a simple and
solution to verify and store proof of consent for Internet leads for purposes of compliance with the new regulations.
To view the complete guide, click the link below:
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.