How to Prevent TCPA Problems Before They Occur

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How to Prevent TCPA Problems Before they Occur

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Today’s Speakers


© 2014 LeadiD. All Rights Reserved. Confiden'al. No Unauthorized Distribu'on. © 2014 LeadiD. All Rights Reserved.

Confiden'al. No Unauthorized Distribu'on. © 2014 LeadiD. All Rights Reserved. Confiden'al. No Unauthorized Distribu'on. © 2014 LeadiD. All Rights Reserved.


Confiden'al. No Unauthorized Distribu'on. © 2014 LeadiD. All Rights Reserved. Confiden'al. No Unauthorized Distribu'on.

Derek Smyth Dir. of Business Development

LeadiD

Alicia Slachta Affiliate Program Manager

Penn Foster

Ross Shanken Founder and CEO

LeadiD


Agenda •  The TCPA Landscape

o  Overview o  Recent lawsuits o  Current solu'ons

•  Preven'ng TCPA problems

•  Preven'on in ac'on

•  Case study: Penn Foster


The TCPA Landscape






Ross Shanken

Founder and CEO LeadiD


What is TCPA? •  1991 law

•  October 2013 addi'ons o  Prohibit use of auto-‐dialers to call mobile #s w/o prior express wriRen consent o  Disclosure to use an auto-‐dialer must be “clear and conspicuous”

•  Without consent, marketers can s'll call, but must dial manually o  Caveat: Cannot manually dial using technology capable of auto-‐dialing

•  Penal'es of up to $1,500 per call o  With no cap on total damages, class ac'ons are preferred method of suing


Lawsuits are Increasing


Lawsuits are Increasing

160 208 January 2013 January 2014

30% Source: US Chamber of Commerce / FCC


Current Solu'ons are Incomplete •  Site crawling

o  Where you think leads come from isn’t necessarily true o  Your experience may be different than other consumers

•  Indemnifica'on from lead provider

•  Sta'c screenshots don’t provide the whole story


Preven'ng TCPA Problems






Derek Smyth

Director of Business Development LeadiD


Price of Non-‐Compliance is High •  Legal risk

•  Financial risk

•  Brand risk


Oscar Wilde (1854 – 1900)

The only thing worse than being talked about is not being talked about.

Oscar Wilde (1854-‐1900)







Intellectuals solve problems. Geniuses prevent them.

Albert Einstein (1879 – 1955)


Problem Preven'on







4 Key Ques'ons






1.  Do your lead forms include a disclosure?

2.  Is it “clear and conspicuous”?

3.  Did the consumer provide consent to be contacted using an auto-‐dialer?

4.  Did they have the ability to opt out?


Preven'on Strategies






•  Be proac)ve: Develop a corporate standard for compliance o  Tip: Look at what others are doing

•  Move with scale: Automate decisions to accept, reroute, etc.

•  Protect yourself: Have definiHve proof of compliance


Preven'on in Ac'on












Three Step Process •  Step 1: Crea'on of the Lead

•  Step 2: Real-‐'me TCPA Audit results

•  Step 3: Review Visual Playback of Step 1







Step 1: Crea'on of the Lead







Step 2: Real-‐'me TCPA Audit response







3rd Party TCPA Audit







1st Party TCPA Audit







Step 3: Visual Playback of Step 1







Key Advantages With the consumer, at the original lead event Every page of the lead form, not just first Evolve from “present” disclosure to “clear and conspicuous” (per your standards) Real-‐'me monitoring maintains speed-‐to-‐contact w/o compromising proof Ac'onable Have defini've proof


Penn Foster






Alicia Slachta Affiliate Program Manager

Penn Foster


Penn Foster






•  A for-‐profit distance learning school that is na'onally and regionally accredited

•  Offer affordable tui'on, in which you graduate debt-‐free

•  Accessible online learning in an asynchronous environment

•  Support through our faculty and online community


Business Challenge






•  Desire to mi'gate legal, financial risk

•  Maintain healthy rela'onship with accredi'ng bureau

•  Be “in the news” for our educa'on, not a lawsuit


Solu'on






•  Scalable solu'on across mul'ple affiliate partners

•  Monitor aRributes of the disclosure in real 'me (approved copy)

•  Take real-‐'me ac'on to determine appropriate contact method


Result






•  Peace-‐of-‐mind that leads program is compliant

•  Affiliates take compliance seriously because Penn Foster does







And coming soon…


Ques)ons






•  TCPA is a big deal (and it’s not going anywhere)

•  You may be unprotected

•  A problem prevented is beRer than a problem solved

Summary


Follow-‐Up Ques'ons






Adam Figueira [email protected]

How to Prevent TCPA Problems Before They Occur

Law

Transcript of How to Prevent TCPA Problems Before They Occur