October 16, 2013

Revisions to the Telephone Consumer Protection Act Take Effect Today

The long awaited changes to the Telephone Consumer Protection Act (TCPA) finally take effect today!

Are you prepared?

Regular readers are up to date with how the rising trend of consumers relying exclusively on mobile phones – and telephone carriers pushing to eliminate landlines altogether – as well as the trend in outbound marketing toward text message marketing campaigns and other digital channels make the TCPA, especially with these revisions, and other marketing privacy laws increasingly significant hurdles for marketers.

Marketers can also expect these revisions to increase the already high number of TCPA lawsuits filed.

Here is the gist of how the TCPA has changed as of today:

  • Required prior express written consent for telemarketing calls made to cell phones using auto dialers, including the delivery of marketing text messages
  • Eliminate the EBR exemption for making calls to wireless numbers when using an auto or predictive dialer or when including a prerecorded message in a call
  • Maintain the requirement for prior express consent for non-marketing calls placed with an auto or predictive dialer made to wireless numbers

These changes also apply to informational prerecorded messages sent to landline or mobile phones that include any marketing or promotional messaging.

A key element of these revisions is the requirement of prior express written consent, which means different things at the federal level and to various state regulators.

The FCC defines prior express written consent as a signed written agreement that clearly and conspicuously authorizes telemarketing calls made using an auto dialing system or including an artificial or prerecorded message to be delivered to a specified wireless number. The written consent must also include a disclosure that the consumers do not need to provide such consent as a condition of a purchase.

The revisions to the TCPA that go into effect today signify the continued shift by regulators toward an opt-in framework for outbound marketing. Marketers will need to earn consumers’ attention, interest, and consent before reaching out to them with marketing communications, either digitally or over the phone.

A shift toward opt-in only marketing doesn’t mean that outbound telemarketing must cease to be a source of growth for your business, however.

Gryphon offers real-time, automatic solutions to keep your business in compliance with the TCPA, including these revisions, and other evolving marketing privacy regulations. Furthermore, the experts at Gryphon specialize in leveraging the law to expand your marketing reach and get the most of out your outbound telemarketing campaigns.

Navigating the state and federal regulatory maze while mitigating risk is becoming more daunting every day for compliance leaders. Especially when dealing with agents in branch offices, reps using personal phones, or independents and BPOs marketing on your behalf. For almost 20 years, Gryphon has protected the largest and most valued brands in banking, insurance, manufacturing and home services from headline risk, brand damage, and costly fines associated with outbound marketing violations.

Avoid TCPA and DNC fines. Protect your business from TCPA and DNC Risk. The Cost of non-compliance extends far beyond the risk of fines. Since 1998, Gryphon’s highly patented suite of compliance services provides bulletproof compliance and protection from headline risk, brand damage, and costly penalties.

Our services apply all legal exemptions to those laws to help your business grow, and our experts provide customized consulting and support with expanding regulations. Bullet-proof compliance is only half the equation used to solve TCPA and DNC compliance issues.  Gryphon’s intelligent cloud engine automatically applies legal exemptions (opt-ins) to make sure you are not over-suppressing legal contacts who want to hear from you. Gryphon’s Secure Cloud engine unlocks your largest marketable universe to maximize your outreach and protect every opportunity.