To comply with the new rules implemented by the Federal Communications Commission (FCC), businesses, particularly those in advertising, telemarketing, and lead generation, should take several common-sense steps:
Review and Update Consent Procedures:
- Ensure that prior express written consent is obtained on a “one-to-one” basis, authorizing no more than one identified seller to communicate with the consumer.
- Revise consent procedures to align with the new TCPA rule, emphasizing clarity and specificity in consent forms.
Check Language of Consent Documents:
- Examine the language of prior express written consent documents to confirm they comply with the new FCC requirements.
- Ensure that consent is logically and topically associated with the interaction that prompted it.
Implement Clear and Conspicuous Disclosures:
- Provide clear and conspicuous disclosures to consumers about the potential receipt of robotexts and/or robocalls from the seller.
- Align disclosures with the nature of the communication and the consumer’s expectations.
Adapt Lead Generation Practices:
- Adjust lead generation practices to obtain individual consumer consent for each seller’s robotexts, complying with the closed “lead generator” loophole.
- Implement mechanisms such as check box lists for consumers to choose specific sellers they wish to hear from.
Stay Informed About Further Changes:
- Stay informed about any further changes or additional requirements proposed by the FCC, as the landscape of regulations may evolve.
- Monitor updates regarding blocking requirements and text message authentication standards.
Educate Employees:
- Educate employees involved in advertising, telemarketing, or lead generation about the updated rules and the importance of compliance.
- Provide training sessions to ensure a clear understanding of the new requirements.
Implement Opt-In Mechanisms:
- If applicable, consider implementing opt-in mechanisms for email-to-text messages, aligning with the FCC’s encouragement of an opt-in approach.
- Clearly communicate and seek explicit consent from consumers before sending text messages originating from email addresses.
Update DNC Policies:
- Review and update internal policies related to the National Do-Not-Call (DNC) Registry regulations, ensuring that marketing text messages are not sent to numbers on the registry.
Prepare for Enforcement:
- Understand the effective date of the TCPA rule changes and prepare for compliance within the specified timeframe.
- Be aware of potential enforcement actions and legal consequences for non-compliance.
Engage Legal Counsel:
- Seek guidance from legal counsel specializing in telecommunications regulations to ensure comprehensive compliance.
- Address any specific concerns or questions related to the industry and business practices and poke holes in your current process.
By taking these common-sense steps, businesses can position themselves to comply with the new FCC rules, reduce legal risks, and maintain transparent and lawful communication practices with consumers.
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