You're a lead generator. After you sell a lead, it's no longer your responsibility, right?. Traditionally, you've been tasked with lead creation only. Compliance is up to the buyer. But lately, it seems more dangerous. Like your prospect lead being followed up via acceptable TCPA calling procedures may be your responsibility. Like you need to certify if it's a cell, VoIP or landline. As the new FCC expands that chain of liability exposure for all call participants, maybe it's time to take a closer look.
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?
According to our informal TCPA Defense Attorney survey at the recent PACE Show in Orlando, FL, formerly the American Teleservices Association, call prohibition defense litigators tell us their biggest challenge is proving express written consent. It seems leads come from so many places, and get handed around so much - you can "spend alot of time and money looking, but you may never find the source of that lead," says Christine Reilly, Partner, TCPA Compliance and Class Action Defense at Manatt. What to do?
A new higher standard of lead validation has emerged to help businesses prove express written consents, prior express consents, and general internet leads are TCPA compliant. It's called Lead Video Proof. With visual playback including every move the prospect made when filling out a company or broker lead form: Dropdown affirmations, mouse movements, affirmative action checks on callback disclosures - everything. Better sharpen your game Mr. TCPA Prosecutor!
You say your leads are "compliant," yet have no idea what your broker's lead form looks like, how old these leads are, or who else has purchased them. Leads that could turn around and sue you for everything you've got. Today, without a complete visual history of prospect intent as part of your lead procurement process, you're not fully protecting outbound call efforts against class actions in the millions.
Many list brokers, lead providers and data suppliers on the internet claim to have the new TCPA Laws safely handled for their clients. What you need to know, how to do it, and be protected. Some of the advice seems a little ahh farfetched - and downright impractical. Many TCPA Lawyers are even confused, as they spar over the October 16th, 2013 TCPA cell updates on our Webinars. And now, after the FCC Declaratory Ruling in June, the consumer has even more call prohibition rights. The kind that can put you out of business if you aren't paying attention.
As a list broker, if you do nothing with compliance, there's a good chance it’ll come back to bite you today. If you help your clients with TCPA compliance, that implies liability exposure. Not good. The days of making businesses sign off on the DNC and TCPA are kind of over. Without any guidance, either they’ll get a threat letter from a professional litigator demanding payment or the CFPB will find out they don’t even identify cells, and will want to do an audit. Your client expects some call prohibition help today. At the very least, some warm and fuzzy direction.
Dialers, hosted dialers, and fulfillment houses have come a long way since the early days of Do-Not-Call Compliance. Rarely do you hear anymore, “Compliance? We’ve never had a problem before. Don’t worry about it. It’s a free Country, call where you want!” – like in the early days.
Still, dialer DNC / TCPA solutions vary wildly. From completely home grown internal solutions– to certified integration with a top DNC Compliance service provider.