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?
The problem with Express Written Consent: the FCC hasn't made clear exactly what Consent Lead Proof entails!
But whatever it is, as phone marketers, we're supposed to obtain it before calling. And make sure it's able to hold up in court. And re-verify the number if it's been awhile since we've called. See Reassigned Numbers Must Be Right Party Verified on Permission Based Calls.
So TCPA Prosecuting Attorneys have developed a specialty disqualifying Express Written Consents.
"I never gave them permission to call me" has become the battle cry from disgruntled consumers - with of course no burden of proof required by those same customers to go ahead and file a call complaint in court. And have a high likelihood of winning!
Proving Express Written Consent has been elusive for TCPA Defense Attorneys.
Marketing companies are quietly being taken out to the barn and financially whipped over this - whatever their screen shot, time stamp or attempt to prove "My prospect wanted us to call" says. It's a perfect storm for Prosecuting TCPA Attorneys in this amazingly profitable environment.
Litigators Welcome Video Playback for "Prospect Intent" proof.
[Click Video] The FCC has recently decided that the "prospect's intent" is important. The only way to get no kidding get-out-of-jail-free permission to call proof? Record every action your customer or prospect performed on your web form - or your lead provider's web form or application. It even works for call-in call center verifications. Exactly how and by what method these folks consented to be called.
Information that can be played back to any judge, inquiring consumer or predatory attorney - Irrefutable evidence that the lead event took place, was witnessed and has been preserved for all interested parties to see.
No prep. The video's already there for easy playback based on customer or prospect "match" info.
What about data archiving laws? Isn't there a problem with keeping personal information?
With video proof, information is one way encrypted or "hashed" so only the actual web form affirmative actions are shown. Personal information is not preserved beyond "match" capabilities as entered into the data system, usually by inquiring attorneys.
How do I get this Video Playback Proof?
Easy. Many lead providers and generators are on board with the technology - and several Do Not Call Law Compliance Service Providers are entering the fray too. But it's important to pick the right provider for easy deployment and maximum TCPA Protection for your particular situation.
If you're really concerned about this stuff (and you should be), let's see if you're a good fit for video proof: Pick up the phone right now and let's chat. Really. My personal line is 561-317-3001 - Bob (Your Attorney probably hasn't mentioned this epidemic of failed consent defenses in court, so let's get you enough info to bring it up before some judge does.)
Express Written Consent Video Proof is finally taking a meaningful stab at the last frontier of TCPA challenges - Just when you thought you had this "consent to call" stuff handled!
So take a look at protecting your permission calling initiatives with visual playback today, before your State AG or local TCPA Prosecutor does it for you!
For more information on a complete visual history of your customers and prospects intent for TCPA Compliance, just call me at 561-317-3001 or email here - Bob
Related Articles:
- Will your "TCPA Compliant Leads" hold up? Don't kid yourself.
- I only get dialer leads from Professional Brokers - So I'm exempt from TCPA, Right?
- Amazing TCPA Compliant Lead Dialer Solution Appears Bulletproof.
- Relax. Your Leads have Video Proof for TCPA Compliance!
- Even "TCPA Compliant Leads" need Video Proof in Court.
