Failure to prove express written consent calls has become rampant. But TCPA Lawyers don't seem to be concerned.
Call centers must understand: Someday, you may need to prove prior express written consent when challenged in court. And that's for or everyone you touch throughout your business outreach initiatives. TCPA defense attornies in attendance at a recent teleservices show concurred: "We can't prove our guy had permission to call." But what's really amazing: They either 1. Didn't tell clients about the only sure way to prove consents or 2. Didn't know about it. What's the deal?
No kidding squeeky clean Express Written Consents are the last frontier of TCPA compliance.
At first, we didn't even try right? We just figured, "Well, we'll never get consent to call a client, so we might as well just call and hope for the best." Then the fines came. And more consent rules. And we thought, "Well, I guess the regulators are serious, so let's at least try for consents." But absent any meaningful instructions or compliance procedures from the FCC, efforts were not effective. From jotting down notes in your CRM to attempting to make a recording that might someday be able to be located when needed. To supervisors monitoring calls to make sure proper disclosures are given.
And then we tried screen shots on internet leads. Time stamps. Saving opt-in data for proof - but wait - that can violate HIPPA and data retention laws right? And will a judge even understand that stuff? And all the time and effort to assemble it for a trial. Are you kidding me?
TCPA Lawyers: Your clients can't prove Express Written Consent. Have you noticed?
Today, the only way to reliably prove a prospect or client's true intent is via visual playback. Using the exact same procedure the prospect used to give permission to prove they gave that permission. No video preparation. It's already there during sign-up. Attached to the person's name and number forever. Waiting to be activated by broker, generator, call center, business - anyone in the lead chain that needs to defend themselves. Easy. A one-way encrypted "hashed" data match so you can send video proof to that inquiring TCPA prosecutor and professional consumer litigant: Your client was here!
What's the difference between Express Written Consent Proof and Reassigned Number checks.
Express written consents are obtained by the lead or client, and need to hold up under legal scrutiny. Why? Because leads and clients will claim you never had permission to call. And that can cost you as a phone marketer.
Reassigned number checks simply re-verify the call you're about to make has the same owner that gave you express written consent. Reassigned number scrubs are important when your express consents have been sitting around for awhile.
Maybe it's too much like "Selling".
We keep hearing TCPA attorneys say, "You need to be very careful on permission calling today," but no standardized off-the-shelf permission based calling proof is ever recommended. Something that will hold up in court. Something to make predatory attorneys walk away from potential prior express consent call challenges.
"Where the heck did that lead come from anyway?" has major TCPA liability exposure. Not being able to trace that lead from generator to broker to call center. Not being able to update a client's permission-to-call on a regular basis. Never validating your web forms actually contain express permission langage on how when and where you'll call 'em.
Yet it's easily available through visual playback technology.
"The FCC hasn't recommended any meaningful consent to call procedures" is no excuse.
And companies are quietly paying the price for shoddy consent procedures. Constant challenges from professional consumer and prosecuting attorneys with prospects claiming, "I never gave my permission."
Why doesn't anyone talk about this?
Hey, it's always been this way, right? Lead providers control your business, and you've had to use whatever they give you. For profit colleges are getting killed by non-compliant lead providers. Alternative energy sellers have to make due with current lead generators that have "always done it this way." Financial institutions are big enough to withstand the monitary remifications of shoddy lead recordkeeping, right?
Why don't TCPA Lawyers require clients to use Video Proof on Express Written Consent calls?
We're not sure. The Google type snippet embedded in the lead form to track this stuff is free. You only pay when the proof needs to be activated on inquiry. A minimum monthly fee is required. The data of course remains hidded for compliance with all data retention laws.
Be sure to ask your Attorey today about easily proving your express consents for leads and clients. Before you end up in court, and paying big fines from home-grown or thrown-together Express Written Consent tracking systems. These systems, we've discovered lately, don't seem to have a prayer against specialized TCPA express consent prosecutors.
To learn more about video proof on express written consents, just call me at 561-317-3001 or email me here - Bob
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