What is the TCPA?
The Telephone Consumer Protection Act (TCPA) was established in 1991 in order to regulate the use of automated dialers, especially sequential dialers, and protect the privacy of consumers.
Since these types of calls are not going away and TCPA cases are the second-most-filed type of litigation in federal court,
What lead gen activities violate the TCPA?
Any activity that handles potential leads without prior express written consent by the consumer violates TCPA.
This includes auto-dialing, sequential dialing, fax blasting, artificial or pre-recorded messages and SMS/MMS blasting.
If you do any of these, it is only a matter of time before you are fined.
Can I get a TCPA fine even if I have a completed contact request form from my website?
Yes! An individual or state Attorney General may still claim that you contacted consumers improperly. If you can’t provide evidence that the specific individual(s) filled out your form, you may still get charged fines and penalties.
How much are TCPA fines?
A consumer can file individually for damages, which, if awarded, will be between $500 and $1500 per call, text or fax.
A state Attorney General can initiate an action on behalf of its residents and pursue the same fees for thousands or even millions of consumers.
A complaint filed with the FCC can also trigger enforement action, which could lead to very large penalties – in some cases reported up to almost $20,000 per call or text!
How does fraud play a role in my TCPA compliance?
One of the biggest problems the industry has right now is the fact that there have been so many breaches of consumers’ personal information lately. Equifax, CapitalOne, Marriot and many others have inadvertantly supplied the black market with millions of names, phone numbers and other information that makes it easy for shady actors to set up bots that auto-fill forms with real information. For them it works great – they get paid for the lead and never see the consequences.
But when that individual files a claim because it wasn’t really them, it was a criminal with stolen information that filled out the form, you could be in trouble. Since many solutions only check to see if a few data points match a white or black list, you can think you’re doing everything right and still get hit with fines.
A better solution with more sophisticated technology – like SecureLead – will help you make sure the individual your sales team calls truly requested the call. SecureLead can give you that assurance in about 600 milliseconds – more than 10 times faster than our fastest competitors.
In short, your speed to lead gets even faster when you eliminate fraud with SecureLead.
Have more questions about TCPA violations, fraud and how to make sure you’re compliant?
Drop us a line and we’ll show you how we can help.