TCPA Best Practices

Practical Tips for TCPA Compliance
September 15, 2015
PRESENTER:
RYAN THURMAN, Director of Sales & Marketing

Get It in Writing!
If your call requires some form of consent:

Best Practices
• Gather and track opt-ins.
• Get consent at the outset of the consumer
relationship, or during if necessary.
• Make sure the disclosures are clear and
conspicuous.
• Make sure the consent is clear and unequivocal.
• Require consumers to take affirmative action to
demonstrate their consent.
• Be specific in your disclosures, where possible.

How to Effectively Obtain Consent

Methods to Obtain Consent
Traditional Paper Form
 Purchase agreements
 Business Response Cards
 Credit or loan applications
21
Website
 Online purchase or sale
 Login or sign-up process
 Manage preferences
 Other online transaction

Methods to Obtain Consent
Telephone
 Make it part of the sales process
 Customer service calls, IVR
22
Text Message
 User-initiated texts
 Consider a double opt-in process
Email
 Replies to email
 Redirect consumers to company-controlled website to capture written
consent
U.S. Mail
 Postcards
 Account statements

Methods To Obtain Consent
Written consent can be obtained in compliance with the E-SIGN Act, including:
 email
 website form
 text message
 telephone keypress
 voice recording

Examples of Consent
Signage
SIGN UP FOR OFFERS! Interested in receiving special offers via text
message to your mobile phone? Text “Join” to 78391 to sign up
today! By texting “Join” from your mobile number, you agree to
receive marketing messages generated by an automated dialer from
ABC Company to your mobile number. Consent not required to
make a purchase. Limit 5 txts/mth. Message and Data rates may
apply.
Text Message
[Company Name]: U r signing up 4 mobile offers via automated
technology. Reply YES to confirm, NO to stop.
Confirmatory Text Message
[Company Name]: Congrats! U r now signed up 4 mobile txt offers!
Reply STOP to cancel, reply HELP for help.

TCPA For Your Business
Compliance Readiness
Contractual Considerations
Insurance and Risk Management

TCPA For Your Business
Compliance Readiness Program
 Understand the law as applied to your business
 Prepare appropriate policies and procedures
 Train your employees
 Create a consumer complaint “feedback loop”
 Maintain good records
 Monitor and test your policies
 Watch out for State rules
 Attend Compliance Webinars & Summits
 San Diego (Carlsbad). October 22
 Clearwater, Florida. December 3

TCPA Compliance Readiness
1. Understand the law applicable to consumer communications as it
applies to your company.

2. Prepare appropriate policies and procedures

2. Prepare appropriate policies and procedures (cont.)
■ Calling Lists: Use lists of phone numbers obtained directly from
consumers and be wary of purchasing brokered calling lists. Once you buy
and use it, the list effectively becomes yours.
■ Suppression Policy: Have a suppression policy and procedure in place,
which includes immediately blacklisting and/or blocking phone numbers
that complain about the receipt of unauthorized calls.
■ DNC: Have a DNC policy, which includes regularly scrubbing phone
numbers against the federal DNC, state and internal DNC lists.
■ Wireless Compliance: Identify and scrub against wireless carrier & ported.
■ Litigators: Mitigate TCPA risk with Litigator Scrub

2. Prepare appropriate policies and procedures (cont.)
■ Consider using user-initiated text campaigns, where possible.
 Require a “double opt-in” process, if possible.
 Specify how many text messages a consumer will receive.
 Do NOT send more text messages than stated.
 Be clear on possible fees or charges that may be incurred.
 Provide a clear and easy method to opt-out.

3. Train your employees on TCPA procedures
■ Create training and testing materials
■ Document completion of training and/or retraining
■ Makes changes to telephone scripts

4. Create a consumer complaint “feedback loop”
■ Routinely monitor consumer complaints from all available
sources, including social media websites, BBB, consumer
complaint boards, etc.
■ Analyze the data obtained and identify patterns
■ Respond to complaints in a timely manner
■ Revise procedures in response to ineffective or unresolved
issues

5. Recordkeeping
■ Maintain consent records for 4 years
■ Carefully document the date and substance of changes, such as
changes to any registration or opt-in process
■ Maintain organized and detailed records so you can easily access,
search, and retrieve relevant data
■ Document the process and technology used to send text
messages and/or make calls
■ Create snapshots of information at static points in time
 Use Camtasia to record registration or opt-in processes
 Use templates to populate various data

6. Testing
■ Regularly test your policies, procedures, and systems
■ Keep a company score card
■ Document your testing efforts
■ Make changes as necessary
■ Hire a compliance officer

Contractual Considerations
 Mandatory arbitration clauses
 Indemnification
 Terms & Conditions

Contractual Considerations
 You agree to allow creditor, its agents, assigns, etc. to call you at any number,
whether expressly provided or obtained through other means, including any
future residential or mobile telephone numbers.
 You agree to notify creditor if the telephone number(s) associated with your
account changes and to provide any new telephone number(s).

Insurance and Risk Management
Insurance coverage for TCPA claims?

Questions?
Ryan Thurman
TCPAscrub.com
866-362-5478 x 116
ryan@dnc.com

TCPA Best Practices

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