waterfall client webinar: information on the october 16 tcpa rules changes
DESCRIPTION
In addition to our earlier email, we wanted to provide a forum for Waterfall clients to ask questions about the October 16 changes to the Telephone Consumer Protection Act. This webinar is not mandatory, rather it's meant to be an open discussion for those who feel like such a forum would be beneficial. In the webinar, Waterfall CMO Matt Silk will: 1) Walk through the changes to the TCPA 2) Describe the current discussion and reaction from the mobile industry 3) Provide some insight into the options mobile marketers have at their disposal Note: this webinar is not, nor should it supplement, legal advice. We'd like to remind clients to personally consult an attorney for specific counsel about telemarketing legalities.TRANSCRIPT
Waterfall Industry Insights
Waterfall Client Webinar - Information On the October 16 TCPA Rules Changes
Matt SilkCMOWaterfall Mobile, Inc.
1. The Mobile Industry & The TCPA
2. October 16 Rule Changes
3. Potential Courses Of Action
4. Available Resources
5. Q&A
Agenda
© 2013 Waterfall Mobile, Inc. Proprietary and Confidential.
This webinar is not, nor should it supplement, legal advice. Please personally consult an attorney for specific counsel about telemarketing legalities.
The goal of this webinar is to provide information about the TCPA and how it relates to the mobile marketing industry.
Consult Your Attorney
Regulation Of Mobile Marketing
Government Industry Associations
Telephone Consumer Protection Act
Passed in 1991, The Telephone Consumer Protection Act (“TCPA”) regulates calls and texts made to consumers. The Federal Communications Commission (“FCC”) governs implementation of the TCPA. Simply, the TCPA allows consumers to collect damages for unsolicited telemarketing.
Source: Cornell University Law School, 2013
© 2013 Waterfall Mobile, Inc. Proprietary and Confidential.
Common TCPA Terms
Automatic telephone dialing system• Equipment which has the capacity to store/produce and
dial telephone numbers using a random or sequential number generator
Unsolicited advertisement• Any material advertising the commercial availability or quality
of property, goods or services that is transmitted to a person without prior expressed invitation or permission
Established business relationship• A relationship between a seller and consumer based on the
consumer's purchase, rental, or lease of the seller's goods or services
Source: Library of Congress, 2013
1. The Mobile Industry & The TCPA
2. October 16 Rule Changes
3. Potential Courses Of Action
4. Available Resources
5. Q&A
Agenda
© 2013 Waterfall Mobile, Inc. Proprietary and Confidential.
© 2013 Waterfall Mobile, Inc. Proprietary and Confidential.
Revised TCPA Rules
Source: Bloomberg Law, 2013
Effective October 16, 2013
Prior expressed written consent • Unambiguous written consent required• Before calling or texting a consumer, marketers must obtain
a consumer’s written consent and signature
Established business relationship • No longer valid as an exemption from obtaining prior
expressed written consent• Selling to a consumer does not qualify as obtaining a
consumer’s consent
© 2013 Waterfall Mobile, Inc. Proprietary and Confidential.
© 2013 Waterfall Mobile, Inc. Proprietary and Confidential.
Some TCPA Particularities
Source: Klein Moynihan Turco LLP, 2013
E-Sign Act• Electronic/digital signatures are valid• Includes email, website form, text message, telephone
keypad or IVR
Unambiguous Consent• “Clear and conspicuous disclosure” required• Advertiser bears the burden of proof• KMT Best Practice: maintain each consumer’s written
consent for at least four (4) years: the federal statute of limitations under the TCPA.
© 2013 Waterfall Mobile, Inc. Proprietary and Confidential.
ReAll we need is one hour.
Let us know your marketing goals and strategy. We’ll provide a plan to catapult your mobile subscriber numbers.
Follow-up to approve the plan and sign o! on the creative.
Source: Klein Moynihan Turco LLP
Mobile Marketing Compliance
Source: CTIA Playbook, 2013 © 2013 Waterfall Mobile, Inc. Proprietary and Confidential.
1. The Mobile Industry & The TCPA
2. October 16 Rule Changes
3. Potential Courses Of Action
4. Available Resources
5. Q&A
Agenda
© 2013 Waterfall Mobile, Inc. Proprietary and Confidential.
ReAll we need is one hour.
Let us know your marketing goals and strategy. We’ll provide a plan to catapult your mobile subscriber numbers.
Follow-up to approve the plan and sign o! on the creative.
Source: Klein Moynihan Turco LLP
For New Mobile Subscribers
Waterfall Action Items• Crafting appropriate updates to the Terms & Conditions• Working with clients to make any required updates to those
pages we host on your behalf • Providing appropriate language for clients to update their
hosted pages• Working with mobile industry’s regulators to eliminate
ambiguity
© 2013 Waterfall Mobile, Inc. Proprietary and Confidential.
ReAll we need is one hour.
Let us know your marketing goals and strategy. We’ll provide a plan to catapult your mobile subscriber numbers.
Follow-up to approve the plan and sign o! on the creative.
Source: Klein Moynihan Turco LLP
For Existing Mobile Subscribers
No Clear Answer As Of Right Now• Waterfall actively collaborating with the DMA and MMA to
get the FCC to clarify• 3 potential courses of action
a. Opt-in with affirmative responseb. Notification with opt-outc. Await further guidance
© 2013 Waterfall Mobile, Inc. Proprietary and Confidential.
ReAll we need is one hour.
Let us know your marketing goals and strategy. We’ll provide a plan to catapult your mobile subscriber numbers.
Follow-up to approve the plan and sign o! on the creative.
Opt-in With Affirmative Response
Elements in the message• Highlight the TCPA changes• Link to the new Terms & Conditions• Require a reply to opt in to mobile list again
Subscriber strategy• Craft a compelling message• Send multiple times• Use Waterfall list segmentation to only send to those not on
the new list• Set up a trackable URL to monitor views of the Ts & Cs
© 2013 Waterfall Mobile, Inc. Proprietary and Confidential.
ReAll we need is one hour.
Let us know your marketing goals and strategy. We’ll provide a plan to catapult your mobile subscriber numbers.
Follow-up to approve the plan and sign o! on the creative.
Notification With Opt-out Instructions
© 2013 Waterfall Mobile, Inc. Proprietary and Confidential.
Elements in the message• Highlight the TCPA changes• Link to the new Terms & Conditions• Remind subscribers how to opt out
Subscriber strategy• Craft a compelling message• Send once• Set up a trackable URL to monitor views of the Ts & Cs
1. The Mobile Industry & The TCPA
2. October 16 Rule Changes
3. Potential Courses Of Action
4. Available Resources
5. Q&A
Agenda
© 2013 Waterfall Mobile, Inc. Proprietary and Confidential.
This webinar is not, nor should it supplement, legal advice. Please personally consult an attorney for specific counsel about telemarketing legalities.
The goal of this webinar is to provide information about the TCPA and how it relates to the mobile marketing industry.
Consult Your Attorney
Further ResearchFor online legal perspectives about the TCPA:
Klein Moynihan Turco bit.ly/KMTonTCPAMorrison & Foerster bit.ly/MorrisonFoersteronTCPAPatton Boggs bit.ly/PattonBoggsonTCPA
[email protected](512) 270-6070
This document and contents © Waterfall Mobile, Inc, 2013. Proprietary and confidential.