COMMON SENSE TIPS TO STAYING COMPLIANT WITH THE NEW TCPA RULES

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:

  • 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.
  • 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.
  • 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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