What Does TCPA Prior Express Written Consent Look Like?


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On Oct. 16, 2013, new FCC regulations related to the Telephone Consumer Protection Act of 1991 (TCPA) -- which established the federal "do not call" list -- go into effect. The new rules will have significant implications for marketers by introducing a prior express written consent requirement for text messages and calls to mobile phones. Much of the so called “opt-in” data floating around in this industry will not meet the new rigorous mobile device consent standards. For example, the “established business relationship” exception for pre-recorded messages will no longer suffice.

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- $1,500 per call/text) and will open the door for consumer class action lawsuits.

The new TCPA rules will have broad implications for three reasons:

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.

A growing percentage of U.S. households exclusively rely on wireless phones. As of June 2012, 35.8% of U.S. households were wireless only.

Consumers can bring private lawsuits or initiate class action lawsuits against marketers that violate the regulations.
Internet marketers face a particularly difficult burden of certification and recordkeeping. Internet leads, also known as web leads or inquiries, are generated when a consumer fills out a form on a website requesting to be contacted by a business (marketer). Companies that buy and sell Internet leads constitute a $1.7 billion industry. Marketers will have to develop special consent acquisition and certification protocols for these third-party leads.

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What Does TCPA Prior Express Written Consent Look Like?

  1. 1. What Does TCPA Prior Express Written Consent Look Like? TrustedForm Certificate of Authenticity for Internet Leads
  2. 2. The cornerstone of compliance with the new TCPA rules is Prior Express Written Consent
  3. 3. The Easy Part Adding consent disclosures to your online forms The Hard Part Capturing and documenting proof of consent
  4. 4. Our Solution: TrustedForm • The first lead certification solution, launched in 2010 • Independently collects and stores evidence for every lead • Authoritative proof of consent presented in an easy-to-understand format • Cost-effective and easy to implement
  5. 5. How TrustedForm Works 1. Add the universal TrustedForm script to form pages 2. Script automatically generates a certificate for every lead in real time 3. Claim the certificate via API, and keep as additional field with lead data
  6. 6. What Is a TrustedForm Certificate? • Virtual document accessible as a unique URL • Displays authoritative proof of consent • Can be emailed or printed as tangible proof
  7. 7. Receive a TrustedForm Certificate of Authenticity: http://TrustedForm.com/demo
  8. 8. What Does Proof of Consent Look Like? Every TrustedForm Certificate includes: • Date/time of consumer visit • IP address, browser and OS of visitor • The URL of website • Real-time screenshot • Full copy of HTML and images
  9. 9. The TrustedForm Difference
  10. 10. Rigorous Methodology • Data captured and stored by a neutral third party • All data independently collected through TrustedForm script • Multi-step process to help prevent tampering • Doesn’t rely on vendor-supplied data
  11. 11. Real-Time Screenshots • Allows for visual review of exactly what the consumer saw • Shows whether form was pre- populated
  12. 12. Real-Time Page Scanning • Certificate includes a copy of the full HTML code and images of the web page • Scans the HTML code in real time; verifies that the full, correct disclosure language is present • Verifies proof of consent without sales delay
  13. 13. Lead Fingerprinting • Ensures the certificate matches corresponding lead data • Verifies the submitted phone number matches corresponding lead data • Embedded in every certificate
  14. 14. Publisher-Friendly Solution • Universal script • Script is extremely fast and reliable (issuing 50+ million certs/month) • Transparent about the data collected • Proprietary information is protected
  15. 15. The Good News…
  16. 16. TCPA compliance is easy with TrustedForm 1. Add disclosures to your web forms 2. Issue & store TrustedForm Certificates with your leads 3. Scan page snapshots in real time to verify consent
  17. 17. The Bad News…
  18. 18. Plaintiff Lawyers Are Ready
  19. 19. Are You? A few pennies per lead could save you millions