tcpa compliance: how to document prior express written consent with trustedform
DESCRIPTION
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.TRANSCRIPT
How to Document Prior Express Written Consent with TrustedForm
TCPA Compliance
About ActiveProspect
• Marketing SaaS company based in Austin, TX
• Founded in 2004 with launch of LeadConduit
• Process over 15 million internet leads per month
• Brand name clients across wide range of industries
• Privately held & profitable – here to stay
Our Mission
Make Cost-Per-Lead Advertising Profitable and Safe for Our Clients
Process-Driven ApproachProcess-Driven Approach
We Provide a Real-Time Marketing Automation Platform for Lead Acquisition, Qualification and Certification
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Our Customers
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TrustedForm Was Created to Address 3 Areas of Risk
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• Brand risk• Financial risk• Regulatory/legal risk
Brand Risk:Where Is Your Offer Running?
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• Website source misrepresentation is common
• Is the offer correct?• Are the correct logo and
other images being used?• Is the text correct?
Financial Risk:Are You Getting What You Paid For?
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• Aged leads sold as real time
• Pre-checked opt-ins• Use of unapproved
incentives• Call center leads sold
as web leads• Lists (phonebook
leads) sold as opt-in leads
Regulatory/Legal Risk:Are your leads a liability?
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• FTC looking for misleading advertising
• TCPA requires express prior written consent for telemarketers effective 10/16/2013
• Canada Anti-Spam Law (CASL) requires proof of consent to email Canadian residents
• Industry-specific regulations
TCPA Compliance
The cornerstone of compliance
with the new TCPA rules isPrior Express Written
Consent
The Easy Part
Adding consent disclosures to your online forms
The Hard Part
Capturing and documenting proof of consent
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
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
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
Receive a TrustedForm
Certificate of Authenticity:
http://TrustedForm.com/demo
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
The TrustedForm Difference
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
Real-Time Screenshots
• Allows for visual review of exactly what the consumer saw
• Shows whether form was pre-populated
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
Lead Fingerprinting• Ensures the certificate matches
corresponding lead data
• Verifies the submitted phone number matches corresponding lead data
• Embedded in every certificate
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
The Good News…
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
The Bad News…
Plaintiff Lawyers Are Ready
Are You?
A few pennies per lead could save you
millions
