tcpa best practices
TRANSCRIPT
Practical Tips for TCPA ComplianceSeptember 15, 2015
PRESENTER:
RYAN THURMAN, Director of Sales & Marketing
Consent Best Practices
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
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Website
Online purchase or sale
Login or sign-up process
Manage preferences
Other online transaction
Methods to Obtain ConsentTelephone
Make it part of the sales process
Customer service calls, IVR
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Text Message
User-initiated texts
Consider a double opt-in process
Replies to email
Redirect consumers to company-controlled website to capture written consent
U.S. Mail
Postcards
Account statements
Methods To Obtain ConsentWritten consent can be obtained in compliance with the E-SIGN Act, including:
website form
text message
telephone keypress
voice recording
Examples of Consent
Examples of Consent
Examples of Consent
Examples of ConsentSignageSIGN 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.
Examples of Consent
TCPA for Your Business
TCPA For Your Business
Compliance Readiness
Contractual Considerations
Insurance and Risk Management
TCPA For Your BusinessCompliance 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.
TCPA Compliance Readiness2. Prepare appropriate policies and procedures
TCPA Compliance Readiness2. 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
TCPA Compliance Readiness2. 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.
TCPA Compliance Readiness
TCPA Compliance Readiness3. Train your employees on TCPA procedures
■ Create training and testing materials
■ Document completion of training and/or retraining
■ Makes changes to telephone scripts
TCPA Compliance Readiness
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
TCPA Compliance Readiness
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
TCPA Compliance Readiness
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?
