In 2023, there’s hardly been a dull moment when it comes to lead generation and marketing compliance.
We’ve seen updates and changes at the FCC, the FTC, and in states across the country. And somehow, we likely haven’t even seen the year’s biggest changes yet.
Keeping track of all this complexity can be tough. Taking real steps to support lead gen compliance can be tougher. That’s why Convoso CMO Lisa Leight picked the brain of compliance expert Eric Troutman, the Czar of TCPAWorld.com and Co-Founder of Troutman Amin, LLP.
There was a lot to chew on in this bite-sized conversation. We’ve pulled out the highlights for you to quickly consume below. But to hear the rest of their insights, tune into the full conversation, “Pivoting for Lead Gen Compliance.”
Stop pre-recorded marketing calls on purchased leads.
Thanks to recent changes by the Federal Trade Commission (FTC), under the Telemarketing Sales Rule, it’s now illegal to sell leads for the purposes of making marketing calls with pre-recorded messages. Troutman says that teams should eliminate the use of pre-recorded calls for marketing calls whenever using purchased leads—and that includes pre-recorded voicemails.
Look for better ways to drive traffic to first-party sites.
Meanwhile the Federal Communications Commission (FCC) is looking at rule changes of its own. Most notably, the FCC is looking at potentially outlawing the sale of consent if you’re using an autodialer, a pre-recorded voice, or making calls to numbers on the national Do Not Call (DNC) list.
According to Troutman, this potential change means “if you’re a direct-to-consumer marketer, if you’re a brand, you need to be thinking about having a more robust first-party website presence.” Consumers need to have a place where they’re able to provide you with their contact information, directly on that website.
But it’s not just lead buyers that need to be ready for change. Lead sellers are also going to figure out alternative methods of driving first-party traffic to their site and, importantly, their partner sites.
And they’re going to need to do so fast. Troutman expects that the FCC will come up with a ruling on these proposed changes by the end of 2023.
Clean up misleading or deceptive pieces of the funnel
As part of a recent enforcement sweep, the FTC brought over 100 lawsuits in conjunction with the Department of Justice. One key area of focus in their efforts is so-called “dark patterns,” or traps and tricks that deceive consumers.
“You’ve really got to be thinking to yourself, ‘Am I tricking a consumer here?’” says Troutman. “And if you are, you have to pull that [component] out. The FTC is being vicious. These lawsuits, these consent orders—it is brutal. They are not messing around.”
Pay attention to various state mini-TCPA laws
Beyond important rulings and proceedings at the federal level, there’s tons of activity to be mindful of at the state level. Many states are passing their own so-called “mini-TCPA” laws, and it can be hard to keep up with all the changes—and keep in compliance.
Troutman says businesses calling into different states need to keep these key questions in mind as new laws and amendments are introduced across the country:
- What states’ rules apply to you?
- Are you using a dialer that’s regulated by the state?
- Does the state that you’re calling into have its own DNC list?
- Are there established rules that protect you in that state?
- What does express written consent look like in that state?
- Are there restrictions on the hours you can call and the number of attempts to contact you can make in that state?
And for our part, to help support compliance with these ever-changing state compliance laws, Convoso offers the only purpose-built solution to help outbound dialing teams comply with mini-TCPA laws across the country. Our StateTracker™ tool gives outbound sales and marketing teams the ability to call with more confidence in today’s complex regulatory environment.
Learn more about the rest of our TCPA compliance solutions today, and tune into the rest of the webinar to hear more of Troutman’s expert insights.
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DISCLAIMER: The information on this page and related links is provided for general education purposes only and is not legal advice. Convoso does not guarantee the accuracy or appropriateness of this information to your situation. You are solely responsible for using Convoso’s services in a legally compliant way and should consult your legal counsel for compliance advice. Any quotes are solely the views of the quoted person and do not necessarily reflect the views or opinions of Convoso.
