As companies strive to build TCPA compliance into their lead generation and purchase initiatives, it can be tempting to save money by building an in-house solution to document proof of consent. Surely it’s as easy as adding video capture and replay to your website right? 

Not so fast. Ensuring that your TCPA compliance solution will hold up in the case of litigation takes more than a video replay. Read on to learn 10 reasons why third-party proof of consent is critical to your TCPA strategy. 

Legal Considerations

  1. Independent – In a lawsuit, it is your word against theirs. Having a neutral, independent party provide evidence in your defense can make the difference. In-house documentation can raise the suspicion that the data has been manipulated. Data collected by TrustedForm Certificates cannot be manipulated by anyone – not by you or by your lead vendors. Therefore, it is far better evidence than anything internally produced.
  2. Complex – If you are going to protect yourself, you should have the highest level of proof possible. The best proof is a video replay of what happened on the page. What phone number did this consumer input on the page? What did this consumer see on the screen? Did they really click the consent checkbox? TrustedForm captures every event on the page (form inputs, mouse movements, and clicks) and renders that activity in the form of a video.
  3. Shareable – You need to be able to easily share documentation with third parties in a simple fashion. The goal is to never let a complaint escalate to a lawsuit. Complaints need to be addressed quickly with compelling evidence. TrustedForm certificates are easily accessed directly from the lead record in your database, then be reviewed and emailed to third parties. TrustedForm has proven highly effective at making complaints go away.
  4. Verified – In order to ensure compliance, your TCPA solution must be able to automatically verify compliance in real-time. In addition to documenting what happened on the web form, TrustedForm allows you to scan the page in real-time to verify that your required consent language was present before accepting the lead into your CRM

Technical considerations

  1. Compatibility – The solution must work with every possible browser and operating system combination that visits your website. TrustedForm is tested on a wide variety of unique browser and operating system configurations, and our years of experience mean that we have encountered and addressed thousands of unique situations that required custom handling.
  2. Performance – It is critical to capture consent and maintain website performance every single time a lead submits a request form. If the service goes down, then the value during that time is zero. And as you grow, your TCPA solution must be scalable. TrustedForm processes over 15,000 user-generated events per second and boasts an 99.95% uptime
  3. Storage – Proof of compliance must by law be maintained for five years. Building an in-house solution commits to at least five years of support and overhead, even if you change your mind later. ActiveProspect stores TrustedForm certifications for active customers for five years, so you can count on it being there when you need it.

Business considerations

  1. Cost – Building a custom software solution at scale can be incredibly expensive. Beyond build and hosting costs, there is the added overhead of maintaining an application and supporting users – expenses that can take away investment in your core business. ActiveProspect has invested millions of dollars in TrustedForm. Documenting proof of consent is what we do – so you can concentrate on what you do.
  2. Adoption – The lead vendors you work with must also agree to place your script on their web forms. This can be incredibly difficult, as companies are naturally averse to placing any third party scripts on their websites, and if you work with a large number of vendors, the difficulty only multiplies. Furthermore, lead buyers often compete with partners for the same web traffic, making it even tougher to gain permission to collect information that may be competitively sensitive. As an unbiased third party, ActiveProspect’s TrustedForm script has been adopted by hundreds of lead providers across thousands of websites. 
  3. Data – TrustedForm is more than a TCPA solution – it is also an important source of data that you can use to optimize your lead generation campaigns. With TrustedForm, you get data like lead age, time on page, geo-location, browser, operating system, website domain, etc. All of this data can be used for real-time decisions or analytics.

Before you make your build-or-buy decision, learn the facts about TCPA compliance, and contact us to see if TrustedForm is right for your business.