For companies that wiggled around loopholes and took advantage of vague definitions in the Telephone Consumer Protection Act (TCPA), they’re about to be in for a rude awakening. One June 18, the Federal Communications Commission reaffirmed consumers’ rights by approving declaratory rulings to modify the TCPA – closing technical loopholes and expanding opt-out rights.
The FCC announcement makes it imperative for companies to earn consent at every possible interaction point with consumers. The new rules apparently will require companies to allow consumers to revoke consent more easily, and if a phone number has changed hands, companies will only get one chance to stop calling the new user before facing penalties.
“Last week’s FCC announcement comes as no surprise to those of us working at the intersection of privacy, preference and personalization,” said Scott Frey, President and CEO of PossibleNOW. “Our clients are prepared for this change because of their ability to collect consent at every available touchpoint, verify consent prior to using an automated dialer and assess whether or not a number is wireless and owned by the consenting party. These and other measures empower them to focus on marketing success instead of risk mitigation. The FCC commentary makes it clear that companies must engage with consumers to obtain their consent for calls or text messages for any reason to comply with the TCPA automated telephone dialing system restrictions that appear unavoidable.”
PossibleNOW’s DNCSolution, the leading cloud-based Do Not Contact solution, and MyPreferences, its flagship enterprise preference management platform, continue to be in compliance. DNCSolution and MyPreferences deliver critical consent collection capabilities while honoring a consumer’s contact preferences to help improve the customer experience.