Revisiting TCPA: Staying Compliant While Addressing the Challenges and Complexities

Transcription

1 !! Wifi Access Code: leadspedia Follow Us: #leadscon!! WEDNESDAY, 9:00 9:40 AM!! Revisiting TCPA: Staying Compliant While Addressing the Challenges and Complexities MODERATOR: Rachel Hirsch, Senior Associate, Ifrah Law SPEAKERS: Glenn Houck, Co-Founder, LeadQual John Trionfo, Senior VP, Operations, LeadiD Alex Baydin, CEO, PerformLine

2 Revisi&ng TCPA: Staying Compliant While Addressing the Challenges and Complexi&es Wednesday, March 26, 9:00 9:40am Mirage Hotel, Las Vegas, NV 1

3 Moderator Rachel Hirsch Senior Associate, Ifrah PLLC 2

4 Panelists Glenn Houck Co- Founder, LeadQual John Trionfo Senior VP, Opera&ons, LeadiD Alex Baydin Founder and CEO, PerformLine 3

5 October 16, 2013 Rule Changes To Telephone Consumer ProtecHon Act NEW MOBILE RULE: Marketers Must Receive Prior Express Written Consent From Consumers Before Placing Autodialed Calls/Texts Or Generating Pre-Recorded Messages To Cell Phones For Telemarketing Purposes. NEW LANDLINE RULE: Marketers Must Obtain Prior Express Written Consent Before Generating Pre-Recorded Telemarketing Messages to Consumers Landlines. 4

6 October 16, 2013 Rule Changes To Telephone Consumer ProtecHon Act Live (Non- Autodialer) Telemarke&ng Calls To Wireless Numbers Do Not Require Consent Live (Non- Autodialer) Informa&onal Calls To Wireless Numbers Do Not Require Consent Mobile Excep&ons Landline Excep&ons Live Telemarke&ng (With Or Without Autodialer) Calls To Residen&al Lines Generally Do Not Require Consent Live Informa&onal Calls (With Or Without Autodialer) To Residen&al Lines Do Not Require Consent REMEMBER! Scrub DNC Lists And Obtain EBR Consent 5

7 Key Legal Challenges Under TCPA Rule Changes Ø Automa&c Telephone Dialing Systems Does The System Have The Capacity To: Produce, Store, And Call Telephone Numbers Using A Random Or Sequen&al Number Generator? Dial These Numbers Without Human Interven&on? Did The System Have The Capacity At The Time Of The Alleged Viola&on? Ø Consent/Revoca&on Was Consent Given? Must Be Unambiguous i.e. Clear and Conspicuous May Not Be A Condi&on Of Purchase Requires Consumer To Designate A Phone Number What Was The Scope of Consent? Which Seller Was Iden&fied? Who Did Seller Have Permission to Call? Which Numbers Did Seller Have Permission To Call? Was Consent Revoked? Were There Opt- Out Mechanisms Post- Consent? Was Consumer Placed On Internal Do Not Call List? Were Records of Consent Maintained For 5 Years? 6

8 Key Business Challenges Under TCPA Rule Changes Revised Website Consent Language Increased Oversight Of Outside Contractors And Lead Aggregators Increased Record Maintenance New Business Rela&onships Improved Customer Service Added Scru&ny By Private Plain&ffs 7

9 7M LeadiD Visual Playbacks Stored 8

10 83% of Consumers provide Consent : 8.9% DO NOT 9

11 83% of leads now Match an approved disclosure 10

12 Speed to Lead Lead Conversion ReducHons o A five minute delay in response to leads can reduce the value of the lead by nearly 25%. If a lead is called in more than 3 hours, conversion rates can drop more than 50% 11

13 Q&T Services: TCPA Implica&ons DefiniHons o Auto- dialer: Any automa&c telephone dialing system, that has the capacity to produce, store and call telephone numbers using a random or sequen&al number generator. o Established Business Rela&onship: Prior rela&onship formed by two- way communica&on between the consumer and business that has not previously been terminated by either party. o Express Consent: Knowingly releasing one s phone number to a company, absent instruc&ons not to be called for telemarke&ng purposes. 12

14 Q&T Services: TCPA Implica&ons (con&nued) Update to TCPA: Beginning October 16, 2013, before making a telemarke&ng call through an auto- dialer, telemarketers must obtain prior express wriden consent. o For leads called using an auto- dialer and no prior express wriden consent exists, only two op&ons are available for leads that have a mobile phone: o Op#on A: Refrain from calling. Not a great op&on since these become lost opportuni&es, yet s&ll incur the added expense to determine if consent exists on the leads. o Op#on B: Do not use an auto- dialer at all. LeadQual does not u&lize an auto- dialer. Instead, our Agents qualify leads by making calls through a customized proprietary system, designed and built without the capacity to be an auto- dialer. 13

15 LeadQual Compliance With TCPA Changes o LeadQual does not possess the Capacity to AutoDial, but is able to respond to Leads in Under 30 seconds o Padon Boggs Legal Opinion - Opinion process includes 4 Padon Boggs Partners, and was wriden by Monica Desai, Partner, who spent 11 years at the FCC, including 2 years leading the team that creates TCPA policy o Compliance Point Opinion - Compliance Point, the leading telemarke&ng compliance firm in the Leads industry reviewed and agreed with Padon Boggs opinion 14

16 TCPA Compliance: March 2014 Study Reveals 46% Webpages Not Mee&ng FCC Rules PerformLine analyzed a wide sampling of websites to see how compliant marketers were with the new TCPA rules. OVERALL SUMMARY Pages Passing All Checks FAIL for BOTH disclaimer issues and no consent FAIL for BOTH disclaimer issues and no consent 16% 30% 54% 15

17 6- Month Comparison of Data Comparison of October and March study data reveals: 16

18 Observa&ons (con&nued) Those Who Ac&vely Monitor For TCPA Compliance vs. Those Who Don t Compliance Levels Those actively monitoring for TCPA compliance Vs Those not actively monitoring 17

19 Hurdles not obstacles The PerformMatch TCPA Toolkit automa#cally tracks consent language and the op#on for express wri?en consent on both webpages and in call centers to minimize the risk of non- compliant viola&ons and possible li&ga&on. 18

20 Rachel Hirsch, Ifrah Law Glenn Houck. LeadQual John Trionfo, LeadID Alex Baydin, PerformLine 19