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STIPULATIONS
New Stipulations
In a ruling with significant implications for organizations that collect, and share leads or that rely on lead aggregators for their marketing efforts, the Federal Communications Commission (FCC) issued an order that "closes the lead-generation loophole" in the 1991 Telephone Consumer Protection Act (TCPA).
A crucial aspect is the requirement for explicit "one-to-one" consent from consumers before their information can be shared or used for telemarketing purposes, increasing risk and exposure for lead aggregators and companies that collect leads directly and then share them with affiliated business partners such as in the insurance, mortgage, finserv, home services, and education industries.
Each person or lead must provide their own explicit consent to be contacted by each individual organization, making the task of collecting and managing consents in a compliant manner a significant burden. Additionally, if consent language changes, each company must recapture and track the consent language used and date it was collected.
Finally, companies must ensure their calls and texts are "logically and topically" connected to the specific interaction in which the consumer granted consent.
WHY
Why is it Needed
The loophole in the TCPA had allowed businesses to exploit certain exemptions in the regulation, enabling them to contact potential customers by phone without obtaining the necessary consent. Marketers had been leveraging lead-generation firms to bypass TCPA restrictions, facilitating these unsolicited calls.
However, the FCC's order marks a major shift from this practice. Organizations looking to remain in compliance must adhere to much stricter standards of how they acquire and use consumer data for marketing. An organization is responsible for the actions of any TPMOs they use for lead generation, making compliance further down the funnel crucial as well.
HOW
How PossibleNOW Helps with Consent Compliance
PossibleNOW’s consent and preference management platform, MyPreferences, enables lead aggregators to quickly capture express written consent for multiple lead purchasers at a time, helping TPMOs and other remarketers feel confident in their compliance with the tighter regulations – along with the companies who hire them for lead generation efforts.
Likewise, MyPreferences helps organizations that capture and manage leads internally gain consent for each business affiliate with whom they share leads. It provides nuanced capabilities to collect and manage a granular level of consent, transactionalize the consent, and maintain the consent history and the disclosure language used.
MyPreferences implements configurable out-of-the-box functionality to comply with the new consent stipulations quickly, as well as the ability to expand the functionality, design, and reach across the enterprise as needed.
- Configurable express written consent collection and management
- Clear and conspicuous disclosure language for gathering consent
- Consent capture capabilities that can integrate into contextualized points along the customer journey such as the website or campaign workflows
- Multi-lingual capabilities that are configurable based on country, region, or locale
- One-click method for revoking consent
- Full auditable history of all consent actions taken, and disclosure language used
- Version control for changing consent language, easily adapting new verbiage as needed
- Integrated by simple API for ease of use
