If you contact consumers on their mobile phone, you could be liable for $1,500.00 for every call or text. That adds up fast.
What is the TCPA?
In short, the Telephone Consumer Protection Act (TCPA) was updated in October of 2013 to require prior express written consent for texts or calls made to mobile phones using auto-dialers or pre-recorded messages. The broad nature of this regulation combined with private right of action, stiff penalties, and the burden of proof on the marketer, has resulted in a dramatic increase of TCPA litigation over the past few years.
For more information on the TCPA, download:Consent to Call? Internet Leads & the TCPA
TCPA litigation is on the rise
The word is out - the TCPA represents easy money for people ranging from angry consumers to class action litigators. Multi-million dollar settlements are commonplace. To make matters worse, suits can be filed for perceived violations up to four years after the date of contact.
Active Prospect is a tremendous partner. I sleep better at night knowing TrustedForm is powering the front end of our business from a compliance standpoint.Brett - CapWest
Consent is the Key to Compliance
Obtaining proper consent from consumers is the most effective way to comply with TCPA regulations and avoid costly litigation. Proper consent not only helps you comply with TCPA, but it trumps other regulatory threats like Do Not Call. It allows you to contact consumers with any type of dialing system, and avoid manual dialing.
The challenge is how do you properly verify and document consent? Maintaining a reliable and consistent system for recording proper consent that will hold up under legal scrutiny presents a significant challenge for many marketers. ActiveProspect has solved this problem with TrustedForm, our lead certification solution.
Verify & Document Proof of Consent with TrustedForm
TrustedForm is the ultimate solution for TCPA compliance:
Independent Proof for All Lead SourcesAs an independent third party, the data collected can’t be manipulated by anyone, so it is evidence that can be trusted. In addition, it works on your own sites and the sites of your lead partners. It is used on thousands of websites.
Proof of Compliance for Every LeadTrustedForm issues a unique certificate for every lead. This certificate provides independent proof of when and where the lead was collected. The Certificate URL is stored with the lead in your database.
Verify Compliance Before You CallWith our pagescan feature, TrustedForm Certificates can be checked in real-time to verify that your required consent disclosure language was present on the form. If the consent language wasn’t present, the lead can be rejected in LeadConduit or sent to an alternative manual dial process.
Easily accessed and easily sharedTrustedForm certificates are immediately accessed by clicking on the TrustedForm Cert URL stored with your lead. Simply email the interested third parties to immediately address complaints. They are stored in your account as long as you want them - we recommend 5 years for TCPA compliance.
VideoReplay: the highest level of proofTrustedForm captures a copy of the webpage and all of the user’s interactions including text typed into form inputs, mouse movements and clicks.
See it in Action
Don’t take our word for it, check it out for yourself!