If you buy, sell, generate, or dial leads, you want to avoid litigation under the Telephone Consumer Protection Act (TCPA) by preventing problems in the first place.

1. How
to
Prevent
TCPA
Problems
Confiden'al
and
Proprietary
Confiden'al
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#tcpa2014
Before
they
Occur

2. Confiden'al
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Proprietary
Confiden'al
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Proprietary
#tcpa2014
DISCLAIMER
• This
presenta'on
and
related
materials
are
provided
for
general
informa'on
only.
• No
statement
made
in
this
presenta'on
or
related
materials
should
be
construed
or
relied
upon
as
a
representa'on
or
warranty
regarding
LeadiD’s
products
or
services,
nor
as
legal
or
other
expert
advice
as
to
any
of
the
subjects
men'oned.
• Please
refer
to
LeadiD’s
applicable
terms
and
condi'ons
for
express
representa'ons
and
warran'es
about
its
products
and
services.
Please
consult
a
lawyer
for
legal
advice.

3. Confiden'al
and
Proprietary
Confiden'al
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Proprietary
#tcpa2014
Tips
for
ARendees
• Audio
problems?
Click
the
“Problem
Dialing
In”
link
or
switch
to
the
webinar
phone
bridge
and
make
sure
your
phone
is
muted.
• Use
the
“Ques'on”
box
within
GoToWebinar
to
ask
a
ques'on,
or
use
the
webinar
hashtag
#tcpa2014
• A
recording
of
the
webinar
with
the
slide
deck
will
be
available
at
LeadiD.com
within
1-­‐2
business
days.

4. Confiden'al
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Proprietary
Confiden'al
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#tcpa2014
Today’s
Speakers
Derek
Smyth
Dir.
of
Business
Development
LeadiD
Alicia
Slachta
Affiliate
Program
Manager
Penn
Foster
Ross
Shanken
Founder
and
CEO
LeadiD

5. Confiden'al
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#tcpa2014
Agenda
• The
TCPA
Landscape
o Overview
o Recent
lawsuits
o Current
solu'ons
• Preven'ng
TCPA
problems
• Preven'on
in
ac'on
• Case
study:
Penn
Foster

6. Confiden'al
and
Proprietary
The
TCPA
Landscape
Ross
Shanken
Founder
and
CEO
Confiden'al
and
Proprietary
LeadiD
#tcpa2014

7. Confiden'al
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Proprietary
Confiden'al
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#tcpa2014
What
is
TCPA?
• 1991
law
• October
2013
addi'ons
o Prohibit
use
of
auto-­‐dialers
to
call
mobile
#s
w/o
prior
express
wriRen
consent
o Disclosure
to
use
an
auto-­‐dialer
must
be
“clear
and
conspicuous”
• Without
consent,
marketers
can
s'll
call,
but
must
dial
manually
o Caveat:
Cannot
manually
dial
using
technology
capable
of
auto-­‐dialing
• Penal'es
of
up
to
$1,500
per
call
o With
no
cap
on
total
damages,
class
ac'ons
are
preferred
method
of
suing

8. Confiden'al
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Proprietary
Lawsuits
are
Increasing
Confiden'al
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#tcpa2014

9. Lawsuits
are
Increasing
160
208
January
2013
Confiden'al
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Confiden'al
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January
2014
#tcpa2014
30%
Source:
US
Chamber
of
Commerce
/
FCC

10. Current
Solu'ons
are
Incomplete
• Site
Confiden'al
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Confiden'al
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#tcpa2014
crawling
o Where
you
think
leads
come
from
isn’t
necessarily
true
o Your
experience
may
be
different
than
other
consumers
• Indemnifica'on
from
lead
provider
• Sta'c
screenshots
don’t
provide
the
whole
story

11. Preven'ng
TCPA
Problems
Confiden'al
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Proprietary
Director
of
Business
Development
Confiden'al
and
Proprietary
Derek
Smyth
#tcpa2014
LeadiD

12. Price
of
Non-­‐Compliance
is
High
• Legal
Confiden'al
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Proprietary
Confiden'al
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#tcpa2014
risk
• Financial
risk
• Brand
risk

13. The
only
thing
worse
than
being
talked
Confiden'al
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Proprietary
Confiden'al
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Proprietary
#tcpa2014
Oscar
Wilde
(1854
–
1900)
about
is
not
being
talked
about.
Osca
r
Wilde
(1854-­‐1900)

14. Confiden'al
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Proprietary
Confiden'al
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Proprietary
#tcpa2014
Intellectuals
solve
problems.
Geniuses
prevent
them.
Albert
Einstein
(1879
–
1955)

15. Problem
Preven'on
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16. Confiden'al
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#tcpa2014
4
Key
Ques'ons
1. Do
your
lead
forms
include
a
disclosure?
2. Is
it
“clear
and
conspicuous”?
3. Did
the
consumer
provide
consent
to
be
contacted
using
an
auto-­‐dialer?
4. Did
they
have
the
ability
to
opt
out?

17. Confiden'al
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Preven'on
Strategies
Confiden'al
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#tcpa2014
• Be
proac)ve:
Develop
a
corporate
standard
for
compliance
o
Tip:
Look
at
what
others
are
doing
• Move
with
scale:
Automate
decisions
to
accept,
reroute,
etc.
• Protect
yourself:
Have
definiHve
proof
of
compliance

18. Confiden'al
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Preven'on
in
Ac'on
Confiden'al
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#tcpa2014

19. Confiden'al
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Confiden'al
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#tcpa2014
Three
Step
Process
• Step
1:
Crea'on
of
the
Lead
• Step
2:
Real-­‐'me
TCPA
Audit
results
• Step
3:
Review
Visual
Playback
of
Step
1

20. Step
1:
Crea'on
of
the
Lead
Confiden'al
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#tcpa2014

21. Step
2:
Real-­‐'me
TCPA
Audit
response
Confiden'al
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22. Confiden'al
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#tcpa2014
3rd
Party
TCPA
Audit

23. Confiden'al
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#tcpa2014
1st
Party
TCPA
Audit

24. Step
3:
Visual
Playback
of
Step
1
Confiden'al
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25. Confiden'al
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#tcpa2014
Key
Advantages
With
the
consumer,
at
the
original
lead
event
Every
page
of
the
lead
form,
not
just
first
Evolve
from
“present”
disclosure
to
“clear
and
conspicuous”
(per
your
standards)
Real-­‐'me
monitoring
maintains
speed-­‐to-­‐contact
w/o
compromising
proof
Ac'onable
Have
defini've
proof

26. Confiden'al
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Proprietary
Confiden'al
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Proprietary
#tcpa2014
Penn
Foster
Alicia
Slachta
Affiliate
Program
Manager
Penn
Foster

27. Confiden'al
and
Proprietary
Confiden'al
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Proprietary
#tcpa2014
Penn
Foster
• A
for-­‐profit
distance
learning
school
that
is
na'onally
and
regionally
accredited
• Offer
affordable
tui'on,
in
which
you
graduate
debt-­‐free
• Accessible
online
learning
in
an
asynchronous
environment
• Support
through
our
faculty
and
online
community

28. Confiden'al
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#tcpa2014
Business
Challenge
• Desire
to
mi'gate
legal,
financial
risk
• Maintain
healthy
rela'onship
with
accredi'ng
bureau
• Be
“in
the
news”
for
our
educa'on,
not
a
lawsuit

29. Confiden'al
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Confiden'al
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#tcpa2014
Solu'on
• Scalable
solu'on
across
mul'ple
affiliate
partners
• Monitor
aRributes
of
the
disclosure
in
real
'me
(approved
copy)
• Take
real-­‐'me
ac'on
to
determine
appropriate
contact
method

30. Confiden'al
and
Proprietary
Confiden'al
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#tcpa2014
Result
• Peace-­‐of-­‐mind
that
leads
program
is
compliant
• Affiliates
take
compliance
seriously
because
Penn
Foster
does

31. Confiden'al
and
Proprietary
And
coming
soon…
Confiden'al
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#tcpa2014

32. Confiden'al
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Confiden'al
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#tcpa2014

33. Confiden'al
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Summary
Confiden'al
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#tcpa2014
Ques)ons
• TCPA
is
a
big
deal
(and
it’s
not
going
anywhere)
• You
may
be
unprotected
• A
problem
prevented
is
beRer
than
a
problem
solved

34. Confiden'al
and
Proprietary
Follow-­‐Up
Ques'ons
Confiden'al
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Proprietary
#tcpa2014
Adam
Figueira
afigueira@leadid.com