There are a variety of TCPA compliance products on the market making it challenging to determine the most appropriate for your situation. Some companies simply avoid contacting people on their cell phone, so they use services which identify and remove mobile numbers. Others think the solution is to not use an automated dialing system when contacting consumers and manually dial instead. While these strategies might be reasonable for companies that call purchased lists, they are not appropriate for contacting opt-in internet leads.
The core of TCPA compliance is collecting prior express written consent from the consumers you plan to contact. So if you are reaching out to opt-in leads, you need to verify and document proof of consent. Even if you are doing that properly, you still have some risk exposure. If you want to ensure your internet leads are truly compliant, you’ll need to use a combination of services. To build a bulletproof TCPA compliance solution we recommend a service stack comprised of four different components:
1) Consent Verification and Documentation
2) Right-Party Verification (RPV)
3) Fraud Detection
4) Litigator Scrub
These components address the following questions:
Proof of Consent: Do you have evidence of prior express written consent for each lead?
This is the most important aspect of TCPA compliance. You must verify and document consent for all of your leads. The goal is to have the best possible proof that can be easily shared. This is how many companies use our TrustedForm product. Check out our TCPA consent page for more information.
Right-Party Verification: Does the wireless number belong to the person you are calling?
Even though you have documented consent, it is still possible for someone to fill out your form with another persons phone number. You want to be able to verify the phone type (mobile versus landline) and whether the name submitted matches the person who owns the number. Right-Party Verification (RPV) services tell you the likelihood that the number matches the name.
Fraud Detection: Was this lead submitted by a real person?
You can receive leads that look very compliant (you have documented proof of consent and you verified the name and number match) but are still potential land mines. There are a lot of fraudulent leads generated online, where forms are filled out with legitimate information by bots or humans working for fraudulent companies. Fortunately, there are fraud detection services that analyze the site visitor to identify fraudulent site visitors so you you can block the leads they submit.
Litigator Scrub: Does this phone number belong to a known TCPA litigator?
The TCPA regulation created a lucrative industry for litigators who try to make a quick buck from legitimate companies. They find marketers would often rather settle than fight the lawsuit (often because companies don’t have good documentation for consent). There are services that gather lists of these known litigators, allowing you to check in real-time and block them.
A bulletproof TCPA compliance solution will answer these questions for all of your leads in real-time before you call. If the lead doesn’t pass these four tests, either reject it in real-time and don’t call it, or send it to an alternative follow-up process. Our LeadConduit platform allows companies to use lead flows with this turnkey TCPA compliance stack. Check out our TCPA Compliance page for more information.