Express Written Consent and the New TCPA Frontier
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Express Written Consent and the New TCPA Frontier



Slides from our Compliance Webinar with Mitch Roth and Joe Sanscrainte on 3-13. Watch on YouTube:

Slides from our Compliance Webinar with Mitch Roth and Joe Sanscrainte on 3-13. Watch on YouTube:



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Express Written Consent and the New TCPA Frontier Presentation Transcript

  • 1. PresentExpress Written Consent and the New TCPA Frontier Brought to you by:
  • 2. Mitchell N. Roth, Esq.Presenters Joseph W. Sanscrainte, Esqu ire
  • 3. TSR prohibits initiation of any outbound telephone call that delivers a prerecorded sales Pre- message unless: • The seller has obtained fromRecorded the recipient an express agreement in writingMessaging • The telephone rings for at least 15 seconds or 4 rings before disconnecting • Connect to sales rep within FTC two seconds of the called person’s completed greeting • Includes an automatic opt- out mechanism. Presented By:
  • 4. The new regulationsFCC: Non- maintain the priorSolicitation express consent standard for non-Calls to Cell solicitation calls to cell Phones phones initiated with automated dialing equipment.
  • 5. The new regulations prohibit live operator or prerecorded solicitation FCC: calls to cell phones without the recipients’ priorSolicitation Calls express written consent. to Cell Phones Also require written consent for prerecorded sales calls to residential numbers (EBR eliminated). Extensive requirements
  • 6. What Constitutes Express Written Consent?• Express Written Consent – – Written agreement – Signature of person to be called – Clearly authorizes seller to deliver advertisements or telemarketing messages – Using automated telephone dialing system or artificial or prerecorded voice. – Telephone number to be called
  • 7. What Constitutes Express Written Consent?Must have clear and conspicuous disclosures • Seller may deliver or cause to be delivered to the signatory telemarketing calls using an automatic telephone dialing system or an artificial or prerecorded voice; and • The person is not required to sign the agreement (directly or indirectly), or agree to enter into such an agreement as a condition of purchasing any property, goods, or services.
  • 8. Petition for Reconsideration filed FCC: with FCC seeking to have predictive dialer excluded from Pending definition of automatedRegulatory telephone dialing system.Challenges
  • 9. •Electronic signatures • Email • InternetCompliance • Telephone keypress • Digital voice recordings? Strategies •Perils of online lead generators • Name entities that will call • Name maximum number of entities people who may call
  • 10. • Prior Express Written Consent for Predictive Dialer Calls to Cell Phones FCC:Implementatio • Prior Express Written Consent for Prerecorded n Telemarketing Calls Deadlines • October 16, 2013
  • 11. Ryan Thurman 866-362-5478 ext. 116 DNC.COM Ryan@dnc.comScottsdale Compliance Summit March Offers: Free Wireless Number Report Free Compliance Report Contact Center Compliance Solutions DNC Scrub Training Master Compliance Guide Data Enhancement