Ensure TCPA Compliance

Ensure TCPA Compliance

Meets the requirements for express written consent

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Express Written Consent Management

Express Written Consent Management

Conforms to eSign requirements for electronic signatures

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Connect With Confidence

Connect With Confidence

Meets all of the TCPA requirements for cell phone contact

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Why Put Your Business at Risk

According to an article in the National Law Review: Through declaratory rulings issued on Friday, June 19, [2015] the FCC expanded the scope of the TCPA in ways that will have real litigation consequences for all companies that have calling practices. Indeed, TCPA litigation has dramatically spiked in recent years (at least 2,000 TCPA cases were filed in 2014 alone), but the FCC’s latest action will further incentivize the plaintiffs’ bar.

The Customer is Always Right

The burden of proof lies on the caller to show they have consent to call a customer or prospect. So even if you have compliance procedures in place to protect your business, calling cell phones can be a risky proposition if you are not able to support your position by having express written consent. When it comes to TCPA protection for the consumer, the Consumer Financial Protection Bureau (CFPB) almost always sides with the consumer. To further complicate this for the caller, the recent FCC declaratory ruling definition of an Automated Telephone Dialing System (ATDS) has become even less clear, making it easier for call recipients, and their lawyers, to sue.

Sign up with I Give My Consent.com today to insure all of your future telemarketing campaigns and customer contacts meet the TCPA guidelines.

Cell Phones Becoming the Primary Phone

As cell phone usage has become the norm (as of January, 2014 90% of American adults own a cell phone) and home phone usage becomes less and less (50% of U.S. households no longer have a wired phone) it is becoming more common to reach customers and prospects on their cell phones. However, due to evolving FCC rules restricting how businesses may contact customers and prospects on cell phones, it is becoming far more difficult to conduct business with someone on their cell phone without running the risk of being in violation of the Telephone Consumer Protection Act (TCPA).

Callers Must Obtain Express Written Consent

Recent clarifications to the TCPA state that a company must obtain express written consent from a customer or prospect to be able to contact them on their cell phone when using an automatic telephone dialing system (ATDS) for the delivery of any type of telemarketing purpose whether by phone call or text message. Through the strictest intrepretation of the FCC clarifications, any modern office phone system capable of storing numbers or any smartphone can be viewed as an ATDS (basically, any phone short of a rotary dial phone) and any discussion in which a product offering is made can be viewed as for telemarketing purposes.

By the FCC stating the requirement of express written consent they have eliminated the ability for a business to rely on oral or implied consent. Meaning, the act of providing a cell phone number to someone is not considered express consent and does not meet the FCC requirements for written consent. Furthermore, the FCC requires a record of the consent be maintained by the calling party.

 

Express Written Consent Management is the key to TCPA compliance and keeping your business safe.

How to be Compliant

The only way to ensure compliance with the FCC requlations is to obtain express written consent from all of your customers and prospects who you wish to do business with on their cell phone. And to maintain a permanent record of each consent received.

IGiveMyConsent.com provides the capabilities necessary to obtain consent from a customer or prospect via electronic mail and then capture the express written consent in a form that meets the eSign requirements for electronic signatures. A permenant record of the consent and all aspects of the transaction are maintained and available for review at any time.

How do I Get Express Written Consent From My Customers and Prospects?


Established Business Relationship
  • While on the phone with a customer or prospect, you explain to them that because of regulations on cell phone use for marketing purposes, you are required to obtain their consent to maintain contact with them on their cell phone.

  • You notify the customer you will be sending them an email requesting their consent to contact them on their cell phone. You ask them to click the “I Accept” button in the email which will direct them to a web site where they can complete the acceptance process.

  • You log in to IGiveMyConsent.com and create a consent request by entering the customer or prospect's cell phone number, name and email address.

  • A personalized email is sent by IGiveMyConsent.com from your email address to the customer or prospect requesting their consent.

  • When the customer or prospect receives the email they click on the “I Agree” button in the email and are routed to a web page to finalize the consent.

  • Details about the consent request are presented to the customer or prospect; including a statement that meets the TCPA regulations which authorizes you to contact them on their cell phone for marketing purposes.

  • The customer or prospect types “Yes” in the confirmation box on the web site and clicks the “Confirm Consent” button. Details about the completed consent are presented to the customer or prospect.

  • A permanent record of all aspects of the transaction is stored and maintained by IGiveMyConsent.com which can be viewed or printed at any time in the future.

What We Offer

Here is how we can help strengthen your relationship with your prospects and customers and also protect your business against possible legal action.

Express Written Consent

We capture your customer or prospects express written consent in a manner conforming to the TCPA requirements for doing so. Every consent contains specific information about the company to whom consent is being granted and contains the specific telephone number for which consent is being provided.

Permanent Record

A permanent record of all consent transactions are kept by the system and can be accessed at any time by the user. There is no need to record or maintain this information outside of the system.

Documented Proof

All aspects of the consent agreement are recorded for tracking purposes and are available to the user for review. This includes the dates and times that a request was made, accepted, declined or revoked by your customer or prospect. At any time a report can be produced to document the express written consent agreement.

Don't let your next marketing campaign be the target of a class action lawsuit or regulatory investigation for failure to comply with the recent revisions to the Telephone Consumer Protection Act (TCPA).

If a dispute concerning consent arises, the caller bears the burden of proof to demonstrate that a clear and conspicuous disclosure was provided and that the customer unambiguously consented to be contacted on the number provided.

TCPA provides for either actual damages or statutory damages ranging from $500 to $1500 per unsolicited contact.

An established business relationship no longer relieves callers of prior unambiguous written consent requirements.

Start Protecting Your Business Now

For as little as $129 per year you can manage consent for all calls and text messages to all of your customers and prospects cell phones.

CONTACT

  •   Address:
    1750 30th Street, #186
    Boulder, Colorado 80301
  •   Email:
    support@igivemyconsent.com
  •   Website:
    www.igivemyconsent.com
  •   Phone:
    303.638.7727

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