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WEDNESDAY, 9:00 – 9:40 AM!
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Revisiting TCPA: Staying Compliant While
Addressing the Challenges and Complexities
MODERATOR:
•
Rachel Hirsch, Senior Associate, Ifrah Law
SPEAKERS:
•
Glenn Houck, Co-Founder, LeadQual
•
John Trionfo, Senior VP, Operations, LeadiD
Revisi&ng TCPA: Staying Compliant While
Addressing the Challenges and Complexi&es
Wednesday, March 26, 9:00 – 9:40am Mirage Hotel, Las Vegas, NV
Moderator
Rachel Hirsch
Senior Associate, Ifrah PLLC
Glenn Houck
Panelists
John Trionfo
Senior VP, Opera&ons, LeadiD
Alex Baydin
Founder and CEO, PerformLine Co-‐Founder, LeadQual
October 16, 2013 Rule Changes To
Telephone Consumer ProtecHon Act
NEW MOBILE RULE: Marketers Must Receive Prior Express Written Consent From
Consumers Before Placing Autodialed Calls/Texts Or Generating Pre-Recorded Messages To Cell Phones For Telemarketing Purposes.
NEW LANDLINE RULE: Marketers Must Obtain Prior Express Written Consent Before Generating Pre-Recorded Telemarketing Messages to Consumers Landlines.
October 16, 2013 Rule Changes To
Telephone Consumer ProtecHon Act
Landline Excep&ons
• Live (Non-‐Autodialer) Telemarke&ng Calls To Wireless Numbers Do Not
Require Consent
• Live (Non-‐Autodialer) Informa&onal Calls To Wireless Numbers Do Not
Require Consent
Mobile Excep&ons
• Live Telemarke&ng (With Or Without Autodialer) Calls To Residen&al
Lines Generally Do Not Require Consent
• Live Informa&onal Calls (With Or Without Autodialer) To Residen&al
Lines Do Not Require Consent
Key Legal Challenges Under TCPA Rule Changes
Ø Automa&c Telephone Dialing Systems • Does The System Have The Capacity To:
§ Produce, Store, And Call Telephone Numbers Using A Random Or
Sequen&al Number Generator?
§ Dial These Numbers Without Human Interven&on?
• Did The System Have The Capacity At The Time Of The Alleged Viola&on?
Ø Consent/Revoca&on • Was Consent Given?
§ Must Be Unambiguous – i.e. Clear and Conspicuous
§ May Not Be A Condi&on Of Purchase
§ Requires Consumer To Designate A Phone Number
• What Was The Scope of Consent?
§ Which Seller Was Iden&fied?
§ Who Did Seller Have Permission to Call?
§ Which Numbers Did Seller Have Permission To Call?
• Was Consent Revoked?
§ Were There Opt-‐Out Mechanisms Post-‐Consent?
§ Was Consumer Placed On Internal Do Not Call List?
Key Business Challenges Under TCPA Rule Changes
Revised Website Consent Language
Improved Customer Service Increased Record Maintenance
Increased Oversight Of Outside Contractors And Lead Aggregators
New Business Rela&onships
7M LeadiD Visual Playbacks Stored
83% of leads now Match an approved disclosure
Speed to Lead – Lead Conversion ReducHons
o
A five minute delay in response to leads can reduce
the value of the lead by nearly 25%. If a lead is called
in more than 3 hours, conversion rates can drop
more than 50%
DefiniHons
o
Auto-‐dialer: Any automa&c telephone dialing system, that has the
capacity to produce, store and call telephone numbers using a
random or sequen&al number generator.
o
Established Business Rela&onship: Prior rela&onship formed by
two-‐way communica&on between the consumer and business that
has not previously been terminated by either party.
o
Express Consent: Knowingly releasing one’s phone number to a
company, absent instruc&ons not to be called for telemarke&ng
purposes.
Q&T Services: TCPA Implica&ons
o For leads called using an auto-‐dialer and no prior express wriden consent
exists, only two op&ons are available for leads that have a mobile phone:
o Op#on A: Refrain from calling. Not a great op&on since these become lost
opportuni&es, yet s&ll incur the added expense to determine if consent exists on the leads.
o Op#on B: Do not use an auto-‐dialer at all. LeadQual does not u&lize an
auto-‐dialer. Instead, our Agents qualify leads by making calls through a customized proprietary system, designed and built without the capacity to be an auto-‐dialer.
Q&T Services: TCPA Implica&ons (con&nued)
Update to TCPA:
Beginning October 16, 2013, before making a telemarke&ng call through an auto-‐ dialer, telemarketers must obtain prior express wriden consent.
o
LeadQual does not possess the Capacity to AutoDial, but is
able to respond to Leads in Under 30 seconds
o
Padon Boggs Legal Opinion
-‐ Opinion process includes 4 Padon Boggs Partners, and was wriden by Monica Desai, Partner, who spent 11 years at the FCC, including 2 years leading the team that creates TCPA policy
o
Compliance Point Opinion
-‐ Compliance Point, the leading telemarke&ng compliance firm in the “Leads” industry reviewed and agreed with Padon Boggs’ opinion
LeadQual Compliance With TCPA Changes
PerformLine analyzed a wide sampling of websites to see how compliant marketers were with the new TCPA rules.
TCPA Compliance: March 2014 Study Reveals 46%
Webpages Not Mee&ng FCC Rules
OVERALL SUMMARY
54%
30%
Pages Passing All Checks
FAIL for BOTH disclaimer issues and no consent
16%
FAIL for BOTH disclaimer issues and no consent
Comparison of October and March study data reveals:
6-‐Month Comparison of Data
Observa&ons (con&nued)
Those Who Ac&vely Monitor For TCPA Compliance
vs. Those Who Don’t
Compliance Levels Those actively monitoring for TCPA compliance Vs Those not actively monitoring
