TCPA Best Practices

Practical Tips for TCPA ComplianceSeptember 15, 2015

PRESENTER:

RYAN THURMAN, Director of Sales & Marketing

Consent Best Practices

Get It in Writing!If your call requires some form of consent:

Best Practices• Gather and track opt-ins.

• Get consent at the outset of the consumer relationship, or during if necessary.

• Make sure the disclosures are clear and conspicuous.

• Make sure the consent is clear and unequivocal.

• Require consumers to take affirmative action to demonstrate their consent.

• Be specific in your disclosures, where possible.

How to Effectively Obtain Consent

Methods to Obtain Consent

Traditional Paper Form

Purchase agreements

Business Response Cards

Credit or loan applications

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Website

Online purchase or sale

Login or sign-up process

Manage preferences

Other online transaction

Methods to Obtain ConsentTelephone

Make it part of the sales process

Customer service calls, IVR

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Text Message

User-initiated texts

Consider a double opt-in process

Email

Replies to email

Redirect consumers to company-controlled website to capture written consent

U.S. Mail

Postcards

Account statements

Methods To Obtain ConsentWritten consent can be obtained in compliance with the E-SIGN Act, including:

email

website form

text message

telephone keypress

voice recording

Examples of Consent

Examples of Consent

Examples of Consent

Examples of ConsentSignageSIGN UP FOR OFFERS! Interested in receiving special offers via text message to your mobile phone? Text “Join” to 78391 to sign up today! By texting “Join” from your mobile number, you agree to receive marketing messages generated by an automated dialer from ABC Company to your mobile number. Consent not required to make a purchase. Limit 5 txts/mth. Message and Data rates may apply.

Text Message[Company Name]: U r signing up 4 mobile offers via automated technology. Reply YES to confirm, NO to stop.

Confirmatory Text Message[Company Name]: Congrats! U r now signed up 4 mobile txt offers! Reply STOP to cancel, reply HELP for help.

Examples of Consent

TCPA for Your Business

TCPA For Your Business

Compliance Readiness

Contractual Considerations

Insurance and Risk Management

TCPA For Your BusinessCompliance Readiness Program

Understand the law as applied to your business

Prepare appropriate policies and procedures

Train your employees

Create a consumer complaint “feedback loop”

Maintain good records

Monitor and test your policies

Watch out for State rules

Attend Compliance Webinars & Summits

San Diego (Carlsbad). October 22

Clearwater, Florida. December 3

TCPA Compliance Readiness

1. Understand the law applicable to consumer communications as it applies to your company.

TCPA Compliance Readiness2. Prepare appropriate policies and procedures

TCPA Compliance Readiness2. Prepare appropriate policies and procedures (cont.)

■ Calling Lists: Use lists of phone numbers obtained directly from consumers and be wary of purchasing brokered calling lists. Once you buy and use it, the list effectively becomes yours.

■ Suppression Policy: Have a suppression policy and procedure in place, which includes immediately blacklisting and/or blocking phone numbers that complain about the receipt of unauthorized calls.

■ DNC: Have a DNC policy, which includes regularly scrubbing phone numbers against the federal DNC, state and internal DNC lists.

■ Wireless Compliance: Identify and scrub against wireless carrier & ported.

■ Litigators: Mitigate TCPA risk with Litigator Scrub

TCPA Compliance Readiness2. Prepare appropriate policies and procedures (cont.)

■ Consider using user-initiated text campaigns, where possible.

Require a “double opt-in” process, if possible.

Specify how many text messages a consumer will receive.

Do NOT send more text messages than stated.

Be clear on possible fees or charges that may be incurred.

Provide a clear and easy method to opt-out.

TCPA Compliance Readiness

TCPA Compliance Readiness3. Train your employees on TCPA procedures

■ Create training and testing materials

■ Document completion of training and/or retraining

■ Makes changes to telephone scripts

TCPA Compliance Readiness

4. Create a consumer complaint “feedback loop”

■ Routinely monitor consumer complaints from all available sources, including social media websites, BBB, consumer complaint boards, etc.

■ Analyze the data obtained and identify patterns

■ Respond to complaints in a timely manner

■ Revise procedures in response to ineffective or unresolved issues

TCPA Compliance Readiness

5. Recordkeeping■ Maintain consent records for 4 years

■ Carefully document the date and substance of changes, such as changes to any registration or opt-in process

■ Maintain organized and detailed records so you can easily access, search, and retrieve relevant data

■ Document the process and technology used to send text messages and/or make calls

■ Create snapshots of information at static points in time

Use Camtasia to record registration or opt-in processes

Use templates to populate various data

TCPA Compliance Readiness

6. Testing

■ Regularly test your policies, procedures, and systems

■ Keep a company score card

■ Document your testing efforts

■ Make changes as necessary

■ Hire a compliance officer

Contractual Considerations

Mandatory arbitration clauses

Indemnification

Terms & Conditions

Contractual Considerations

You agree to allow creditor, its agents, assigns, etc. to call you at any number, whether expressly provided or obtained through other means, including any future residential or mobile telephone numbers.

You agree to notify creditor if the telephone number(s) associated with your account changes and to provide any new telephone number(s).

Insurance and Risk Management

Insurance coverage for TCPA claims?

Questions?

Ryan ThurmanTCPAscrub.com866-362-5478 x 116ryan@dnc.com