8 min read
How to Collect Written Consent for TCPA Compliance
TL;DR: Learn the importance of obtaining written consent for TCPA compliance when reaching out to consumers via phone,...
What is TCPA compliance?
The public views unsolicited calls as an invasion of consumer privacy. Now, these calls are not only a nuisance but are prohibited in certain circumstances.
This is thanks to the Telephone Consumer Protection Act (TCPA). Passed in 1991, the TCPA prohibited telemarketing calls to landlines without prior consent. As technology developed, the TCPA was expanded to also cover text messages and mobile phones.
The TCPA creates a corporate liability for companies to maintain their own organization-specific “do not call” lists to prevent them from making unwanted communications. Failure to comply with the rules of the regulation can result in fines.
But that isn’t the only risk organizations face. Unless someone expressly opted-in to receive a sales call, businesses are breaking this statute with each unsolicited call or text. With fines ranging from $500 - $1500 per call, the financial risk is substantial.
What is TCPA compliance?
The public views unsolicited calls as an invasion of consumer privacy. Now, these calls are not only a nuisance but are prohibited in certain circumstances.
This is thanks to the Telephone Consumer Protection Act (TCPA). Passed in 1991, the TCPA prohibited telemarketing calls to landlines without prior consent. As technology developed, the TCPA was expanded to also cover text messages and mobile phones.
The TCPA creates a corporate liability for companies to maintain their own organization-specific “do not call” lists to prevent them from making unwanted communications. Failure to comply with the rules of the regulation can result in fines.
But that isn’t the only risk organizations face. Unless someone expressly opted-in to receive a sales call, businesses are breaking this statute with each unsolicited call or text. With fines ranging from $500 - $1500 per call, the financial risk is substantial.
If you are a buyer of leads, fraud may be your biggest risk right now.
— Eric J. Troutman, Troutman Firm
Is ad fraud affecting your TCPA compliance?
Aside from being fined by the government, violations of TCPA rules can result in a major class action lawsuit.
Ad fraud, such as spoofed phone numbers or fake leads, can inadvertently lead to TCPA violations. For example, fraudsters often gain access to a real individual's contact information and use it to fill out phony leads or sign-ups.
While the information may be legitimate, the source isn’t. Performance-based marketers may believe they’ve received a new potential lead; however, because the information didn’t come from the users themselves, the client will be breaking TCPA compliance if they reach out.
Here’s an outline of TCPA violations & how they can ruin more than just your company's wallet.
Why your business needs to be TCPA compliant
TCPA compliance isn’t just a legal obligation. It’s an important aspect of maintaining the integrity and reliability of your business operations. Beyond dollars and cents, here are some ways TCPA violations can impact your business:
- Brand Reputation Damage: Unwanted contact can frustrate potential customers and harm your company's public image.
- Resource Wastage: Your sales team may waste time and effort contacting leads who have not given their consent.
- Increased Risk of Fraudulent Leads: The lead generation space is plagued with fraudulent activities, where fraudsters use real individuals' information without their consent to generate fake leads.
- Legal and Compliance Risks: Contacting leads sourced from fraudulent activities can result in legal penalties and fines.
- Erosion of Customer Trust: Engaging with customers based on illegitimate or unauthorized information can break trust.
Important Facts
- Fines range between $500- $1,500 for each violation (call or text).
- Since 2020, TCPA violations have increased by 400%.
- As of 2019, the largest fine to date is $925 million for violating TCPA.
- 95% of customers tell other people about bad experiences with a brand.
- 32% of customers would stop doing business with a brand following a single bad experience.
How does Anura help with TCPA compliance?
Achieving TCPA compliance is much easier with the right tools in place. Anura helps you stop fraudulent traffic sources from flooding your site so you can cultivate clean data and high-quality leads.
- Detecting Fraudulent Leads: Identifying and filtering out fake leads generated through ad fraud, which could otherwise lead to TCPA violations if contacted unknowingly.
- Enhancing Lead Quality: Ensuring that only high-quality, verified leads are used, to reduce the risk of reaching out to non-consenting individuals.
- Providing Layered Security: Offering an additional layer of security by verifying the sources of lead generation campaigns and flagging ad fraud.
An ad fraud solution empowers you to see where bad traffic is coming from so you can take proactive steps to increase your TCPA compliance, prevent bad leads from eating up your marketing budget, and boost your ROI.
Common myths about TCPA
TCPA Rules ONLY Apply to Calling Landline Phones
While the TCPA was initially designed to address calls to landline residential phones, the rules have been expanded since then to include cell phones, fax machines, and other communication channels.
I Don’t Need Consent If It Isn’t a Sales Call
Some companies assume that if the call isn’t a sales call, then they don’t need consent per TCPA compliance guidelines. This is incorrect.
As noted by call center software provider TCN, “If you are calling a wireless number to provide information or conduct a survey using an autodialer, prior written consent is always required”
I'm Not at Fault If My Contact Changes Phone Numbers
Contact information that is legitimate when first collected is obsolete when that contact changes their information. A new consumer often ends up with the contact’s old phone number. The TCPA puts the burden of identifying and removing obsolete contact information on the affiliate marketer, not on the consumer.
An Existing Relationship Always Allows Me to Reach Out with Marketing Messages
The TCPA stipulates that it is not a violation to make calls if the caller has a personal relationship with the recipient. However, this does not mean that a prior business relationship provides marketers with unlimited permission to make marketing calls. If the consumer opts out of further communications from the marketer, the marketers are no longer allowed to reach out
I Don’t Need to Document My Call Procedures
One of the most important things a marketer can do to ensure TCPA compliance is to have a set of written procedures for how they handle their marketing calls. Having a document to show the FCC and the courts how marketing calls are handled can be crucial for protecting against fines and other penalties for inadvertent TCPA violations.
I Don’t Need a TCPA Compliance Solution
Many businesses mistakenly believe they don't need a dedicated TCPA compliance solution. This isn’t true. The risks of non-compliance and the complexities of managing consent make TCPA solutions essential. TCPA compliance software can automate the process of tracking consent, ensuring that all communications are legally permissible.
Integrating a TCPA compliance solution with ad fraud detection tools further enhances your ability to filter our fake leads to avoid penalties.
TCPA Rules ONLY Apply To Calling Landline Phones
While the TCPA was initially designed to address calls to landline residential phones, the rules have been expanded since then to include cell phones, fax machines, and other communication channels.
I Don’t Need Consent If It Isn’t A Sales Call
Some companies assume that if the call isn’t a sales call, then they don’t need consent per TCPA compliance guidelines. This is incorrect. As noted by call center software provider TCN, “If you are calling a wireless number to provide information or conduct a survey using an autodialer, prior written consent is always required
I'm Not At Fault If My Contact Changes Phone Numbers
Contact information that is legitimate when first collected is obsolete when that contact changes their information. A new consumer often ends up with the contact’s old phone number. The TCPA puts the burden of identifying and removing obsolete contact information on the affiliate marketer, not on the consumer.
An Existing Relationship Always Allows Me to Reach Out with Marketing Messages
The TCPA stipulates that it is not a violation to make calls if the caller has a personal relationship with the recipient. However, this does not mean that a prior business relationship provides marketers with unlimited permission to make marketing calls. If the consumer opts out of further communications from the marketer, the marketers are no longer allowed to reach out.
I Don’t Need to Document My Call Procedures
One of the most important things a marketer can do for TCPA compliance is to have a set of written procedures for how they handle their marketing calls. Having a document to show the FCC and the courts how marketing calls are handled can be crucial for protecting against fines and other penalties for inadvertent TCPA violations.
I Don’t Need a TCPA Compliance Solution
Many businesses mistakenly believe they don't need a dedicated TCPA compliance solution. This isn’t true. The risks of non-compliance and the complexities of managing consent make TCPA solutions essential. TCPA compliance software can automate the process of tracking consent, ensuring that all communications are legally permissible.
Integrating a TCPA compliance solution with ad fraud detection tools further enhances your ability to filter our fake leads to avoid penalties.
White Paper
What Does Fraud Actually Cost?
Lead generation fraud can drive up the cost of leads and cause numerous other problems for your business.
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Cost of Lead Generation Fraud
The Marketer’s TCPA compliance checklist.
Here’s a quick TCPA compliance checklist to help you get started:
- Do I have a recent (less than 3 months old) copy of the National Do-Not-Call registry?
- Do I have a convenient “unsubscribe” option in my telephone and email communications?
- Do I have written procedures detailing how I scrub my contact database and comply with TCPA requirements?
- Is there an organization chart showing who is responsible for TCPA compliance?
- Is there a process flow chart showing the plan for TCPA compliance?
- Does my company provide training on TCPA to marketing and sales team members?
- Are there recorded policies and procedures for placing consumers’ names in the company’s “do not call” list?
- Are there policies for maintaining the “do not call” list and correcting data that is found to be outdated?
- Do I have a list of people who have specifically opted out of communications from my company (with date and time stamps)?
- Do my affiliate marketing campaigns have a specific callout for getting permission to contact leads by phone or email?
- Does my calling equipment (phone, computer, etc.) provide clear and accurate Caller ID information?
- Does my company comply with national do not call rules?
How does Anura help with TCPA compliance?
Achieving TCPA compliance is much easier with the right tools in place. Anura helps you stop fraudulent traffic sources from flooding your site so you can cultivate clean data and high-quality leads.
With the right tools in place, you can analyze where bad traffic is coming from, you can take proactive steps to increase your TCPA compliance, prevent bad leads from eating up your marketing budget and boost your ROI.
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