by Jaimie Pickles on February 2, 2017

Your Phone is Ringing, So There’s No TCPA Risk...Right?!?


With the show coming up on February 6th and 7th in San Francisco (where you can visit Jornaya at booth #14), I anticipate that there will be many conversations around call transfers. When a brand leverages a call center to get consumers on the phone and deliver warm transfers, how does the brand know that the consumer gave consent to be called and that there is proof of it?

How the Lead Form to Warm Transfer Practice Works

Consumers fill out lead forms and the publisher’s call center (or separate entity that acquired the lead in the ping/post ecosystem) dials the consumer to make contact, qualifies the consumer’s intent to get an insurance quote, receives the consumer’s agreement to speak with an insurance agent and warm transfers the call to the brand. Typically, when the live call is transferred, the consumer’s Caller ID is what the brand sees; therefore, it appears that the consumer is calling the brand directly.

In actuality, the call was transferred to them via the third party call center. If the publisher of the lead being called was not the same company that is placing the calls, then that publisher has sold the lead to another entity that is dialing/transferring the lead to your brand. This puts your brand two steps away from the lead form being filled out, making it difficult—if not impossible—to ensure the consumer was exposed to TCPA compliant language and gave the appropriate consent to be contacted.


Without a way to ensure consent was provided, and without persuasive proof of that consent,  the brand is taking on the risk of being sued for violating TCPA law simply by answering the inbound phone call. With an increase in these kinds of call marketing practices, we’ve seen a parallel increase in these lawsuits.

An insurance carrier or agent has no idea whether or not there was consent because they don’t know the origin of the phone call. If it’s an actual consumer calling directly, you’re fine. If it’s a warm transfer from a call center that dialed a consumer that filled out a lead form, it may not be possible to get that proof of consent. At a minimum, it will require a significant amount of effort to piece together all the steps the call went through to map its complete history.

Even so, some brands still aren’t concerned about the TCPA exposure in regards to warm transfers, because they assume the burden lies only with the company that is actually dialing the phone--in this case, the call center entity.

But, the fact that you’re not the one making the outbound call does not necessarily absolve you of the responsibility nor dissuade attorneys from dragging you into the lawsuit, costing time, money, and damage to your brand. Recently, lawsuits have popped up from this practice, where all parties involved are named in the lawsuit, including the brand buying the warm transfers.

What You Can Do to Protect Your Brand

Here are the steps you should take:

  1. The first step is to work with your call sources/partners to understand how they are driving calls to you. Explicitly ask them if they are driving calls via warm transfers.
  1. If they are, ask them if they are dialing out to consumers that have filled out an online or mobile lead form.
  1. If they are, It is critical that you have a way to trace back the call data to the original lead form.
  1. You then need to know definitively that the consumer consented to be contacted on the lead form and have persuasive proof the appropriate consent took place.

To learn more about a solution that can help you ensure your call transfers are TCPA compliant, visit this page .

P.S. Don’t forget to connect with us at next week! Come see me moderate the Workshop Panel: Call Marketing for Insurance on Tuesday, Feb 7, 9:00 AM - 9:45 AM. And, check out the panel that Jornaya CEO Ross Shanken will moderate on Monday, Feb 6, 2:00 PM - 2:30 PM: The Customer Journey Part 2: Connecting Clicks, Calls, and Leads .