Preparing for the FCC’s TCPA updates: A comprehensive checklist for marketers
With new updates to the Federal Communications Commission’s (FCC) Telephone Consumer Protection Act (TCPA) coming into effect on January 27, 2025, marketers must prepare for a significant shift in how they obtain consumer consent. These updates introduce stricter requirements for one-to-one consumer consent, emphasizing transparency and consumer protection in marketing practices.
To maintain compliance and trust with your audience, we’ve created this detailed checklist to guide publishers and advertisers through these changes. By implementing these steps now, you can avoid compliance issues, protect your pipeline, and streamline your lead generation processes.
What is 1:1 consent, and why does it matter?
The upcoming TCPA updates mandate verifiable, one-to-one consent between consumers and businesses. This means each consumer must explicitly agree to be contacted by a specific advertiser, with no broad or ambiguous consent for “marketing partners.”
ActiveProspect’s TrustedForm Verify solution can help both publishers and advertisers adapt by validating that all consent is collected in a clear, verifiable manner. Below, we outline a step-by-step checklist for both publishers and advertisers to prepare for these changes effectively.
Publisher readiness checklist
To bolster compliance, publishers must adapt their processes to reflect the new consent requirements. Here’s how to get started:
1. Communicate with advertisers
- Contact your advertisers about 1:1 consent impacts
- Ask your advertisers for their legal entity name that should be used when obtaining consent
2. Update your lead forms
- Update your exclusive lead forms to mention exactly ONE advertiser in the disclosure consent language.
- Update your shared lead forms to allow consumers to select advertisers from a list with checkboxes in order to be contacted by them.
- Remove any mentions of marketing partners or asking for consent for any entities other than the ones above.
3. Enable TrustedForm Certify
- Sign up or log in to your ActiveProspect account and enable TrustedForm Certify
- Add your web developer to your account and ask them to follow the instructions to add new TrustedForm consent tags to prove that you have collected consent in a one-to-one manner.
- Send test leads to your advertisers and request confirmation that their requirements have been met.
Advertiser readiness checklist
Advertisers also play a critical role in the compliance landscape. Follow these steps to align your practices with the new TCPA requirements:
1. Coordinate with publishers
- Send an email to all your publishers requesting that they add TrustedForm consent tags to their forms and provide certificates for every lead so that you can verify your company was given consent in a one-to-one manner
- Provide your legal entity name to all partners exactly as it should appear in the consent language presented to consumers.
- Ensure all publishers have completed their checklist
2. Enable TrustedForm Verify
- Sign up or log in to your ActiveProspect Account and enable TrustedForm Verify in your account
- Reach out to your Customer Success Manager (CSM) if you have one, they will be able to walk you through your specific use case.
3. Filter non-compliant leads
- Set up TrustedForm Verify to filter leads that aren’t confirmed to have given you consent in a one-to-one manner so that you don’t contact them using regulated technology
- Using LeadConduit: Before your Retain step, add the TrustedForm Add-On step and select Verify. Input the legal entity name you provided to your publishers. Save and test your flow.
- Using other lead distribution systems: Consult their support articles or your account manager to find out how to filter leads using TrustedForm Verify and Retain certificates for the ones that are accepted.
- Using an internal/homegrown system: Ask your developer to make a Verify request with the legal entity name you provided to your publishers and filter leads that result in failure. Then make a Retain request for the ones that are accepted.
4. Review consent language regularly
- Review any unreviewed disclosure consent languages in your consent language manager regularly and mark them as approved or rejected. Communicate any necessary changes to your publishers.
Why acting now is essential
Failing to comply with the updated TCPA regulations can result in severe penalties, including fines and reputational damage. By proactively implementing the steps outlined in this checklist, you can:
- Protect your campaigns from non-compliance risks
Starting January 27, 2025, any outreach using regulated technology, such as auto-dialers, must adhere to the new one-to-one consent requirements. Non-compliance could render entire lead portfolios unusable, drastically limiting your outreach capabilities and exposing your business to legal challenges.
- Maintain trust with your audience through transparency
Transparency and respect for consumer privacy are at the heart of the new regulations. By updating your consent processes, you’re not just meeting legal standards—you’re fostering trust with your audience.
- Streamline lead generation with verifiable one-to-one consent processes
Outdated lead forms that rely on broad or vague consent language will no longer cut it. ActiveProspect’s TrustedForm Verify solution is a powerful tool that helps you meet these new standards while maintaining a seamless marketing workflow.
- Avoid last-minute scrambling
With the deadline fast approaching, the time to act is now. By acting today, you future-proof your business from non-compliance risks while preserving your ability to engage customers effectively. Let’s secure your pipeline and protect your future together.
Final thoughts
Preparing for the January 2025 TCPA updates requires a collaborative effort between publishers and advertisers. By leveraging tools like TrustedForm Verify and following this checklist, you can stay ahead of the curve and continue driving successful, compliant campaigns.
Start today! Secure your ActiveProspect account, update your processes, and prepare your team for the changes ahead.
Need help?
Contact us to learn more about how ActiveProspect can support your compliance journey.
FAQs
Q: What happens if I don’t comply with the new TCPA rules?
Non-compliance can result in hefty fines and damage to your brand reputation. Implementing TrustedForm Verify minimizes this risk.
Q: What is TrustedForm Verify?
TrustedForm Verify simplifies the consent management process by offering real-time TCPA-compliant language management, and the ability to know if one-to-one consent was properly obtained, thanks to the TrustedForm Verify 1:1 Consent Check feature.
