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How to Prevent TCPA Problems Before they Occur
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Today’s Speakers
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Derek Smyth Dir. of Business Development
LeadiD
Alicia Slachta Affiliate Program Manager
Penn Foster
Ross Shanken Founder and CEO
LeadiD
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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
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The TCPA Landscape
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Ross Shanken
Founder and CEO LeadiD
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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
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Lawsuits are Increasing
160 208 January 2013 January 2014
30% Source: US Chamber of Commerce / FCC
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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
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Preven'ng TCPA Problems
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Derek Smyth
Director of Business Development LeadiD
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Price of Non-‐Compliance is High • Legal risk
• Financial risk
• Brand risk
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Oscar Wilde (1854 – 1900)
The only thing worse than being talked about is not being talked about.
Oscar Wilde (1854-‐1900)
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Intellectuals solve problems. Geniuses prevent them.
Albert Einstein (1879 – 1955)
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Problem Preven'on
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4 Key Ques'ons
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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?
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Preven'on Strategies
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• 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
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Preven'on in Ac'on
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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
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Step 1: Crea'on of the Lead
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Step 2: Real-‐'me TCPA Audit response
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3rd Party TCPA Audit
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1st Party TCPA Audit
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Step 3: Visual Playback of Step 1
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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
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Penn Foster
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Alicia Slachta Affiliate Program Manager
Penn Foster
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Penn Foster
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• 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
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Business Challenge
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• 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
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Solu'on
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• 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
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Result
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• Peace-‐of-‐mind that leads program is compliant
• Affiliates take compliance seriously because Penn Foster does
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And coming soon…
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Ques)ons
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• 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
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Follow-‐Up Ques'ons
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Adam Figueira [email protected]