While Webrecon hasn’t yet released the 2016 total, it did state in December that with “an eleven-month tally of 4499, it was clear that the total will end up well above 2015’s 3687 cases.”
The point? TCPA claims continue to grow, and that means anyone dialing or texting consumers needs to ensure TCPA compliance.
Most importantly, you need to ensure that compliance across every lead channel. Whether it’s first party leads generated on your own brand’s website, third party leads, or Facebook lead ads, you need to be sure you are capturing your consumers’ consent to be dialed and you have to have persuasive proof of that consent.
The reality is that no company is too small to be a target of a TCPA lawsuit. In fact, consumers are finding it easier than ever to file claims. There are even mobile apps available that law firms have created where consumers can log and submit claims.
While you can’t always prevent TCPA claims from being filed, you can protect yourself in the event that one occurs. The best protection in a case of a complaint is persuasive evidence that the appropriate disclosure was seen by the consumer and that consent was provided.
It doesn’t matter where your lead originated; you need prior expressed written consent and must be able to prove you had consent for every consumer you dial. The good news is that there are solutions available for channels like Facebook Lead Ads.
What You Need To Do
Establish a process for ensuring you are compliant with the TCPA
Review each of your lead channels for TCPA compliance.
Examine whether or not you are capturing consent in each channel.
Determine if you have persuasive proof of that consent for each channel.
If you are not collecting persuasive proof of consent for any of your channels, explore your vendor options that you can leverage to get that persuasive proof.
For more information on TCPA Compliance, click here to get Jornaya’s The Marketer's Decisive Guide to the TCPA.