Words: David Pickard, Global CEO of Phonexa
The lead generation industry has been undergoing significant shifts, with regulatory changes redefining how businesses engage with consumers. We’ve also been actively tracking the FCC’s latest developments and continuously innovating our solutions to help lead generators, affiliate networks, and brands stay ahead of compliance requirements.
As businesses prepare for the FCC’s updated rules governing automated communications—particularly through the use of Automated Telephone Dialing Systems (ATDS)— we are stepping up with new solutions leading into 2025.
Effective January 27, 2025, these changes will require businesses to obtain explicit, one-to-one consent from consumers before engaging in automated outreach via texts or robocalls. We’ve dexsigned Phonexa’s form solutions to help businesses meet these requirements while maintaining meaningful and effective consumer interactions.
We also recently hosted an informational webinar session, led by myself, our CIO Liana Tonoyan, and our CXO Chelsey Reynolds, as part of our Amplify Webinar Series.
In this session, we covered the impact of the new FCC rules, highlighting critical challenges faced by lead generators. During the webinar, we demonstrated how Phonexa’s API and form solutions effectively address the FCC changes.
Here’s a comprehensive overview of what was covered in the session.
Key Changes in the FCC’s 2024 TCPA Regulations
The FCC’s updated rules mandate specific requirements for businesses using ATDS for robocalls and texts. Key elements to consider:
- One-to-One Consent: Businesses must now secure prior written consent for each specific outreach. Broad forms or generic “marketing partner” lists are no longer acceptable.
- Clear Disclosure: Consent forms must explicitly identify the business name initiating contact and clarify the potential use of automated communications.
- Relevance of Communication: Messages must align with the purpose for which the consumer consented. For example, consent for car loan information cannot be used for unrelated solar offers.
- Do Not Call (DNC) Text Registry: Text messages now fall under DNC rules. Unsolicited texts to numbers on the registry are prohibited unless specific permission is granted.
- Record-Keeping: Businesses must maintain detailed, auditable records of consent, including digital signatures, to prove compliance.
These rules provide consumers with enhanced control over their communication preferences while placing a heavier compliance requirement on businesses.
Failure to adhere to the updated TCPA regulations poses severe risks, including financial penalties, lawsuits, reputational damage and operational disruptions.
Phonexa’s Solutions for Obtaining One-to-One Consent
At its core, Consent Branches leverage Phonexa’s proprietary Smart Tree technology to offer unparalleled transparency and functionality. Whether you’re a network, an affiliate, or a service provider, this system simplifies the complex process of obtaining, documenting, and managing one-to-one consumer consent. Here’s how it works:
- Smart Tree Integration: Consent branches are seamlessly integrated into our Smart Tree technology, ensuring clarity and accountability for every stakeholder in the chain—publishers, networks, and consumers alike. This transparency not only meets regulatory requirements but also fosters trust.
- Flexible Form Builder: With our intuitive drag-and-drop Form Builder, businesses can create fully customized forms to capture leads and manage consent. Whether you need a form for a single service provider or one encompassing multiple brands, our tools make compliance easy.
- Dynamic APIs for Customization: For businesses with existing workflows, our Form APIs allow you to integrate custom forms effortlessly. Regardless of whether you’re implementing generic consent for multiple providers or unique disclaimers tailored to individual brands, our solution captures the required one-to-one consent accurately.
- Real-Time Consent Capture: Phonexa’s Consent Branches ensure that every consumer interaction is recorded instantaneously. This feature provides not just compliance with record-keeping requirements but also a real-time capture of service provider preferences.
- Customizable Consent Options: Phonexa gives businesses the flexibility to implement brand-specific consent language or consolidate permissions across multiple brands in a single consent form. This dual approach ensures both regulatory adherence and an optimized consumer experience.
Tailored Use Cases for Maximum Compliance and Efficiency
Consent Language for Posted Traffic: When networks receive pings from publishers, our system dynamically generates consent branches tailored to specific service providers. This ensures that consumers can provide their explicit consent directly on the publisher’s form before any data is posted back to service providers. The result? A transparent, compliant, and seamless experience for all parties involved.
Custom Consent Language for Individual Brands: For scenarios requiring distinct consent for each provider, our solutions offer the ability to present unique language for every brand. Consumers can review and provide consent individually, enabling businesses to stay compliant without compromising on precision.
Generic Consent for Multiple Providers: Alternatively, businesses can utilize a general disclaimer that encompasses multiple service providers. This approach simplifies the consent process for consumers while still adhering to FCC and TCPA requirements.
Practical Insights for Businesses
Some things to do going into 2025 before the FCC’s one-to-one consent requirements kick in:
- Audit Current Consent Practices: Identify gaps in compliance and update consent forms to meet the new requirements.
- Leverage Technology: Use tools like Phonexa’s LMS Sync and FCC-ready form solutions to simplify consent management and maintain compliance.
- Educate Teams: Ensure that all stakeholders understand the implications of the FCC regulations and the importance of compliance.
- Plan for Change: Begin adapting systems and processes well before the January 2025 deadline to avoid operational disruptions.
Preparing for the Future
Phonexa’s comprehensive solutions position businesses to stay ahead of regulatory changes. By integrating cutting-edge technology and user-friendly tools, we’ve simplified the complexities of consent capture while prioritizing consumer transparency.
With the FCC’s deadline approaching, I encourage all businesses relying on outbound consumer communications via robocalls or texts to implement effective consent management practices.
Take a look at the full webinar below:
Navigating the 2024 FCC Regulations with Phonexa’s New One-To-One Consent Solutions
For more information on Phonexa’s Consent Branch solutions, request a demo or get in touch with us at [email protected]. Read more about Phonexa’s solutions related to the new regulations here.
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