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.
Traditionally, we’ve counted a bit too much on Lead Generators and IT Departments for compliant leads.
To make it even tougher, the FCC has not defined TCPA compliant wording for consent tip-ins. And the final straw, cell ownership is now “consumer agnostic”. It no longer matters if the mobile number you call has a consumer or business owner. It’s just an owner. So all wireless numbers are subject to the new, more stringent call interpretations.
Where did that lead come from anyway?
The cell owner is super sensitive to incoming intrusions. And predatory attorneys love to encourage and solicit consumer complaints. Whether through apps (the biggest consumer TCPA prosecutor submitted 508 filings last year). Or through down right threats: “If you don’t give me a list of your clients, I’m going to sue you" or “Give me $3,000 today, and I’ll forget about your lead procurement techniques.”
Often, we don’t know much about the folks supplying leads, or where they came from, or how to prove it.
Prosecutors can quickly discredit most compliant leads.
"You say your center has live managers listening in to ensure compliance? And all the right disclosures are read? Can you show me conclusive evidence of that?"
It’s gotten to the point where defending lead sources and prospect gathering techniques, especially for leads moving from company to company, is a losing proposition for TCPA Defense Attorneys. As one top Attorney reports: It's like chasing a rabbit down a rabbit hole. You may never find the source of the lead, but you’ll spend a lot of time and money trying.
Visual Lead Proof to the Rescue.
Enter your complainant's name into the lead procurement system. Is it a “match”? You won't see the actual information the customer entered, but you can confirm: “Ya, this dude said it's O.K. to call.” After several field matches upon inquiry – the system will set in motion a Tivo type mirror of every mouse click, keyboard tap, and screen movement your prospect made. All the potentially confusing time stamps, ip addresses, static screen shots – things that could lose the Judge or give prosecutors an opening to challenge the lead, aren’t presented.
It's not just a digital tape recorder. That data capture would violate HIPPA and other retention laws. No, the system witnesses the event – the consumer filling out the form – and the information is encrypted on a one-way "hash" into the database. So the only way you can tell who filled the form is through an exact match inquiry – usually a request for information in response to a legal request from a TCPA prosecuting attorney.
As Dino Tsibouris, Technical Lawyer of the Year 2014 says: The exact system that was put in place to allow the consumer to easily enter information is the exact system that’s played back in court to prove my client actually gathered proper lead disclosures and affirmative actions. The convincing video has already been created. How does a prosecuting attorney come back from that?
Visual Lead Playback – Because the laws aren't going to change anytime soon.
The Telephone Consumer Protection Act is intentionally vague. And notoriously difficult to follow. Nobody at the FCC or in Congress wants to take a crack at refining or clarifying it. Why? Because businesses don’t vote. There is no upside for Government Agencies to attempt to clarify these laws. Even though the American Collections Association International and other industry trade groups keep lobbying Congressmen like crazy. Keep petitioning, keep filing declaratory rulings.
Against this backdrop fall all those robo solicitation calls we get daily. “This is your Google Add specialist” or “This is your requested return call on TV ad you saw on back pain”. All re-routed scammers. Untraceable. And infuriating to Government Agencies unable to appease their constituents.
So that leaves it up to the courts. And who knows what a Judge will rule on this stuff. Depends on how much he hates telemarketers, or feels people should pay their bills, or he's been tortured with unsolicited sales presentations.
The Best Express Written Consent Proof we've got.
So let the TCPA wording be vague. Let court cases have diametrically opposed rulings - given the same relative evidence on different occasions. With visual lead playback, you've got Irrefutable evidence help to short circuit lead procurement challenges from prosecuting lawyers and professional consumer litigants.
The one shining light at the end of the TCPA tunnel to help consistently defend your lead acquisition practices from potential class actions.
A complete visual history of your prospects intent.
Anything less? You may be just kidding yourself.
For more information on a complete visual history of your prospects intent - call me at 561-317-3001 or email here - Bob
Editors Note: Our partners average just over two inquiries a week on millions of lead transactions with visual playback. The vast majority of these challenges from Attorneys and professional consumer litigants walk away when sent a quick video rendering of their clients' intent at the time of the request. This technology is among the most potent deturant help available once engaged in a call inquiry or complaint.
- I only get Dialer Leads from Professional Lead Brokers - so I'm Exempt from TCPA, right?
- Amazing TCPA Compliant Lead Dialer Solution Appears Bulletproof
- Even TCA Compliant Leads need Visual Playback
- Litigator Scrub Quietly Becomes Top TCPA Compliant Tool
- More Business to Business Callers are Ending up in Court