Call center and phone marketing attorneys don't find out about previous TCPA case filers until it's too late. When their client has already been served. And more often than not, the professional consumer litigant they're engaged with has filed many times before. These easily identifiable call prohibition antagonists enjoy torturing ill prepared marketers and outreach campaigners. These are the folks causing most of the legal problems for businesses using the phone today. But it's not expensive or difficult to eliminate these pros from your call campaign lists with a little advanced planning. So what gives?
Recent Posts
Some call center managers and phone marketers just aren't going to get compliant with the Telephone Consumer Protection Act, ever. No matter what. Calling cells without scrubbing. Unregistered with any State or National Lists. Letting the robodialer spin free. (And in denial about it.) "We have two people that call 30,000 numbers a month completely by hand. We're good." Please, if you have no plans to comply with the TCPA, at least don't call the folks that have sued before under the statute - and will do it again. [Click Video]
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!
Leads changing hands. And changing hands again. Slipping through the system never to be identified. Predatory prosecutors tearing apart supposedly TCPA compliant predictive dialer leads in court. Critical source, date, prospect callback intention information lost or misplaced. Audio recordings erased. It happens alot: "Show me what I filled out, when, where, and prove it." Try handing that needle-in-a-haystack request to your IT director or lead generator. This is what drives Telephone Consumer Protection Act Defense Attorneys nuts.
Many traditional lead procurement solutions don't hold up in court. In fact, most haven’t. Especially when changing hands alot. Too hard to track. Recently, a major solutions provider estimated 85% of web pages were out of TCPA compliance. Almost a third had no express written consent option at all. Lawyers tell us the problem is epidemic.
"My lead broker handles all that compliance stuff, so I'm good."
Too many trusting phone marketers have ended up in court thinking Do Not Call and TCPA chores were handled by their brokers, vendors, or IT department. Last year, 100% of lawyers attending the Compliance Summit in Washington D.C. were actively involved in lead procurement cases. And companies supplying TCPA lead technology solutions average upwards of two challenges a week from probing attorneys.
A provable lead procurement process. The one stickler in the compliance chain we've never been able to solve. Express written consent that will actually hold up under legal scrutiny. Available to all businesses. Last year, 100% of TCPA Defense Attorneys in attendance at the 2015 Compliance Summit in Washington DC were involved in some sort of lead procurement defense. Yet lead brokers claim it’s not an issue. Tell that to the major companies struggling to find call compliant sources of leads and engage customers.
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.
It's tough to be compliant out there – with these Mobile Number Owner Verifications for previous consent/permission calls, and the FCC refusing to give callers a break. Isn’t express written consent enough already? Do I really need to double check before calling someone that already gave me permission to call? We take look at the Telephone Consumer Protection act and how these laws sometimes don’t make any sense - and what to do about it. [Click Video]
According to the Mobile Marketing Association, mobile marketers should have sufficient systems to identify recycled number changes: "Mobile content programs subscribed to by previous holders of a specific phone number do not continue to be delivered or billed to a subsequent holder of that number when it is reassigned." That means, all of a sudden, you need to find effective ways to verify current owners of your mobile contacts. But even then, if it's not real easy to use, you may not implement the thing at all! [Click Video]
