On October 16, 2013, the FCC began enforcing the new Telephone Consumer Protection Act (TCPA) regulations that require companies to obtain “express written consent” from consumers prior to making auto-dialed or pre-recorded marketing calls or texts to cell phones. This consent must be:
- Clear, conspicuous, and specific on the inquiry form
- Given specifically for the exact company contacting them
- In writing (a check box online is acceptable)
- Clearly given for the phone number provided on the form
How will this affect your school?
Beginning October 16, 2013, your school must obtain “express written consent” before calling current and past inquiries that haven’t given consent.
The TCPA enables individuals to file lawsuits against companies that place telemarketing calls to them without getting prior consent. The FCC can impose penalties for non-compliance on a per call basis—each attempt or dial.
How can you prepare?
To comply with the new “express written consent” requirement, your school will be required to offer each inquiry an opt-in:
- Online: An opt-in box on all form pages
- Direct mail: An opt-in box on all reply cards
- Call center: Verbal confirmation (Please note: You are required to keep documentation of your required disclosure language and recordings of all calls showing that the inquiry gave consent to be contacted by your school.)
- Keep records of your opt-ins:
- Marketing content must have a clear and conspicuous consent disclosure, and the inquiry must give consent to be contacted by your school.
- Written consent must be in close proximity to the phone number provided.
- Records must be kept for 5 years.
We are ready to help!
Datamark offers an advanced solution for managing your lead quality and compliance risk: the Lead Confidence Toolkit. This solution will give you the power to learn how and where your CPL leads are generated and to monitor your compliance with TCPA regulations.
We use the powerful PerformMatch™ platform to track and keep record of all regulatory terms and disclosure and disclaimer language, including TCPA consent language. Your Datamark compliance manager can monitor and audit identified violations and work to resolve them. We monitor all partner URLs for ongoing compliance and keep records for 5 years.
Call Center Monitoring
Using PerformMatch™, we transcribe your audio files into data files. Your compliance manager will analyze the files and review possible violations, including tracking for TCPA clear and concise consent. We will provide you with results, work on correcting violations, and keep records for 5 years.
We use LeadiD to capture relevant data when the inquiry submits their information, which includes validating that the consent language was present and monitoring the size, color, and readability of the text. This technology can also determine whether the inquiry checked the consent box, it was
auto-checked for them, or left unchecked at the time the form was submitted. Inquiries that did not give consent or were not given clear and concise opt-in language prior to giving consent may be scrubbed.
With this technology, we can determine whether a phone number submitted on an inquiry form is a mobile line and a working, valid number. These numbers may be flagged in your CRM, and invalid and disabled numbers may be scrubbed.
**This material is provided for informational purposes only and is not legal advice**