In our recent webinar, “TCPA update readiness: A step-by-step checklist for publishers”, our Vertical Leader of Financial Services, Michael Peronto, our Director of Core Products, Caitie Clarke, and our Customer Success Team Lead, Jennifer Gregory, addressed significant updates to the Telephone Consumer Protection Act (TCPA), providing an in-depth look at the new directives and their possible impacts.

Our expert speakers stressed the necessity for advertisers and publishers to understand, comply with, and adapt to these new TCPA regulations, touching on changes to lead forms, consent language, compliance mechanisms, and contractual details.

DISCLAIMER: After our webinar went live, on January 24, 2025, the FCC issued an order delaying the one-to-one consent rule for up to 12 months. Moments later, the Eleventh Circuit Court of Appeals granted the Insurance Marketing Coalition’s petition to not go through with the one-to-one consent update entirely. ActiveProspect supports this decision, but we still believe in the spirit of the one-to-one consent rule, which is to give consumers more control over who contacts them. Although it is no longer a legal requirement, we consider it a best practice. Find more information here.

According to Jennifer, here’s what you need to do, as a publisher, to work towards a more compliant approach.

Step one: Communicate with buyers

Communication is crucial

When you update your forms, it’s essential to communicate with your buyers and advertisers. Ensure that the changes you’ve made to your lead forms align with what your buyers expect. This can impact several aspects, such as whether they are looking for exclusive leads only or if they will accept shared leads. Discuss these expectations with your buyers to ensure they are in agreement.

Alignment on changes

Make sure that the changes you’ve made and accepted on your side are also agreed upon by your buyers. Discuss the consent language that will be displayed, as buyers may have specific requirements. Ensure that the changes you’ve made are in line with what your buyers expect.

Alignment on compliance standards

You’ve likely had internal discussions with your legal team to determine what you consider compliant. Your buyers and advertisers are doing the same. It’s important to have these conversations to ensure that your compliance standards align. These changes can affect lead prices, such as what buyers are willing to pay for exclusive versus shared leads, and how the consent language is displayed. Clearly outline all these details in your contracts with advertisers.

Clear timelines

Set clear expectations with all your buyers regarding when the changes you’ve discussed will be implemented.

Step two: Implement consent tagging

Use TrustedForm Verify

ActiveProspect offers a product called TrustedForm Verify, which allows buyers to programmatically verify that they obtained consent from a lead that meets their criteria, prior to calling that lead.
Have you heard about it? Have your buyers been reaching out to ask you to implement consent tagging? Consent tagging is the second step you should take alongside any changes to your form. Caitie will go into more detail about this later.

Proactive implementation

As a publisher, you don’t need to wait for your buyers and advertisers to reach out. General consent tags are available and can be implemented now. This way, when your buyers do reach out, you can confidently say you’re ready to go.

Legal entity information

When your buyers reach out, they will likely ask about their legal entity and who will be making the calls. Ensure this information is correctly listed on your forms. Discuss this with your buyers to know exactly how it should be listed and make any necessary changes.

Continuous communication

Communication is key and doesn’t stop after the initial changes. Once you’ve updated your form and consent tagging to work with TrustedForm Verify, don’t just roll out and go live. Test the changes to ensure everything works as expected. Send a test record to your buyer, including the lead data and the TrustedForm Certificate URL. Verify that the consent language is detected properly, the consent tagging is set up correctly, and the name is listed accurately.

Final discussions

Don’t assume that all the changes you’ve made are in agreement with your buyers. Have those conversations to ensure clarity and mutual understanding. Make sure any changes are discussed and agreed upon.

By following these steps and maintaining open communication, you can ensure a smooth and compliant transition.

Designing your lead form for compliance

As Michael explains, once you’ve gathered all the compliance requirements from your different buyers and advertisers within your network, it’s time to design your form.

When designing your form, consider documenting consent. Everywhere a consumer provides their information and generates a lead, you might want to have technology in place to document and store proof of consent.

ActiveProspect offers TrustedForm, the ultimate compliance solution for documenting TCPA consent on digital lead capture forms.

TrustedForm offers different products. Here’s how each helps you:

Additionally, you can pass the generated TrustedForm Certificate to all your advertisers and buyers through a URL and encourage them to store it to help mitigate potential litigation.

Getting started with TrustedForm and consent tagging

As Caitie explains, TrustedForm Certify is where you handle the consent tagging, which is essential for publishers. Here’s how it works:

  • Generate Certificates: With Certify, you place the TrustedForm script on your web forms. This script starts generating Certificates that document the consent process. These Certificates allow your buyers and advertisers to retain proof of what happened on the form.
  • Consent tagging: As a publisher, you need to set up consent tagging within the Certify product. This involves adding specific tags to your forms to ensure that the consent is properly documented. On the buyer side, advertisers will need to verify that consent was obtained. They will check the Certificate to ensure it contains the necessary information, receiving a success or failure response.

Here’s a step-by-step guide for publishers to get started with TrustedForm:

  1. Sign up for Certify: If you already have Certify, you’re all set for the first step. If not, sign up for a free ActiveProspect account to access Certify. This step is quick and easy.
  2. Enable consent tagging: Log into the TrustedForm application and enable consent tagging by checking a simple checkbox.
  3. Verify your domains: Verify ownership of the domains where the certificates are being generated. This ensures that the ActiveProspect system recognizes your domains.

Setting up TrustedForm Certify and consent tagging is free for publishers. You can do this now, even before your buyers send over their specific requirements. This proactive approach will ensure you are prepared for any changes.

What needs to be tagged for consent verification?

Caitie explains consent tagging as a way to guide TrustedForm to the right places on your form. When a buyer or advertiser needs to verify that consent was properly given, TrustedForm must know exactly where to look. 

As a publisher, you need to tag four main elements on your form to ensure proper consent verification.

1. Offer

    This is the area where the entire offer, including all consent requirements, is captured. This could be the entire form or a specific part of the page, but it should clearly identify the offer.

    2. Consent language

      This is the text that describes what the consumer is consenting to. This includes all the details the consumer is agreeing to.

      3. Submit button

        This is the call to action (CTA) that converts the consumer into a lead. Tagging the submit button is crucial because it confirms the action that finalizes the consent.

        4. Advertiser name

          The method for tagging the advertiser name depends on whether your form is for shared leads or exclusive leads:

          • Method A (shared leads): If multiple advertiser names are listed with associated checkboxes, you need to tag each checkbox and its corresponding advertiser name. This ensures that TrustedForm knows which advertiser is paired with which checkbox.
          • Method B (exclusive leads): If there is only one advertiser name listed within the offer, we recommend tagging the advertiser name directly within the consent language. This tells TrustedForm where in the consent language the advertiser name is located.

          As Michael points out, publishers can implement consent tagging at any time. This means you can start now, getting ahead of the game. If some of your buyers or advertisers want to validate that their names are listed correctly on your forms, being proactive will be beneficial.

          If you haven’t already done consent tagging, Michael strongly recommends you do so. You will likely receive requests from your buyers and advertisers for this change. By addressing it now, you not only stay ahead of upcoming TCPA compliance changes but also demonstrate transparency in how their names are advertised and the disclosure language you provide.

          This proactive approach will make you a more reliable and trustworthy partner to your advertisers.

          How to ensure consent tagging is set up properly?

          As Caitie explains, once you’ve completed the consent tagging on your form, you’ll want to verify that everything is set up correctly. This involves two parties:

          1. The publisher:
            • You own the form, generate the Certificates, and perform the tagging.
            • After setting up the tagging, you should send a test lead to your buyer to ensure everything works as expected.
          2. The advertiser or buyer:
            • They will call the Certificate to verify two key things: Was their company name listed correctly? Did the consumer consent to being contacted by them?

          The verification process

          As a publisher, you should:

          • Send a test Certificate or lead: Send the Certificate along with the test lead to your buyer and ask them to verify that everything is working as expected.
          • Check the verification: Ensure that everything is functioning correctly by asking your buyer to run a test call to Verify. They should check if they receive a successful response.

          If you or your company both generates leads and contacts them directly, you can perform the test yourself. This can be an easy way to start, especially if you handle both the selling and contacting processes.

          Takeaways

          In our webinar, “TCPA update readiness: A step-by-step checklist for publishers,” the discussion centered around the TCPA requirements and how they impact the lead generation and performance marketing industry. The panel sought to equip participants with a comprehensive understanding of how to help maintain compliance with the help of TrustedForm.

          Here are the main takeaways:

          • Communication is key to a successful relationship between publishers and advertisers, especially regarding compliance topics.
          • Publishers should ensure that their forms are compliant, and that their buyers are in agreement with the changes made.
          • ActiveProspect offers a product, Trusted Form Certify, to help with consent tagging.
          • The consent tagging of Trusted Form Certify is free for publishers to use.
          • Publishers should send TrustedForm Certificate URLs to their advertisers to help them mitigate potential litigation.

          As the compliance landscape is constantly changing, make sure to never miss an update.

          DISCLAIMER: This page and all related links are provided for general informational and educational purposes only and are not legal advice. ActiveProspect does not warrant or guarantee this information will provide you with legal protection or compliance. Please consult with your legal counsel for legal and compliance advice. You are responsible for using any ActiveProspect Services in a legally compliant manner pursuant to ActiveProspect’s Terms of Service. Any quotes contained herein belong to the person(s) quoted and do not necessarily represent the views and/or opinions of ActiveProspect.

          Written by Marialuisa Aldeghi

          Marialuisa brings a wealth of expertise to the table as an accomplished content writer and strategist with years of experience in the B2B digital marketing landscape.

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