New rules from the Federal Communications Commission (FCC) are coming, and they’re focused on protecting consumers from unwanted calls and texts. If you’re running a small or medium-sized business, staying compliant might feel overwhelming, but it doesn’t have to be.
This guide will help you understand what the updated Telephone Consumer Protection Act (TCPA) rules mean for your business and how you can easily comply before the changes take effect on January 27, 2025.
1. Get Clear Consent – Every Time
The most important change is about how you get consent from customers. It’s not enough to rely on blanket agreements anymore. You need specific, *one-to-one* consent for every communication. Here’s how to make sure you’re covered:
Individual Consent for Your Business: If you’re using lead generators, make sure each lead has specifically agreed to be contacted by your business—not just any business.
Clear and Simple: Avoid legal jargon. Make it obvious that by giving their consent, customers are agreeing to receive calls or texts from your business.
Stay Relevant: Keep communications related to the reason the customer gave you consent. If someone requests a quote for roof repair, don’t text them about unrelated services like home inspections.
Honor Opt-Outs: If a customer revokes consent, stop contacting them—immediately. You’ve got 10 days max to process opt-out requests.
2. Keep Detailed Records of Consent
You’ll need to keep thorough records of when, how, and what kind of consent you received from customers. This documentation can protect your business if there’s ever an FCC inquiry or lawsuit. Here’s what to track:
Date and Time: Record exactly when the customer gave consent.
Method of Consent: Whether it was via phone, online form, or email, document how consent was obtained.
Exact Wording: Keep a copy of the exact language used when obtaining consent.
The Federal Trade Commission (FTC) requires these records to be kept for at least five years, so make sure your system can handle that.
3. Understand the Consequences of Non-Compliance
Ignoring these rules can lead to serious trouble. Here’s what’s at stake:
Hefty Fines: Each call or text sent without proper consent can cost your business anywhere from $500 to $1,500. If you’re running a large campaign, those fines can pile up fast.
Reputation Damage: Violating customer trust can hurt your brand. Bad reviews and negative word-of-mouth can be tough to recover from.
Lawsuits: Non-compliance can lead to expensive class-action lawsuits, which can drag your business into costly legal battles.
Business Disruptions: Courts can issue orders to stop your non-compliant marketing activities on the spot, disrupting your entire lead generation process.
4. Use Tools to Make Compliance Easy
Staying compliant doesn’t have to be a headache. Tools like TrustedForm from ActiveProspect can help you capture and store consent records automatically. Here’s how to get started:
Sign Up for TrustedForm: Create a free account with ActiveProspect.
Integrate TrustedForm: Add the TrustedForm web SDK to the forms on your website. Once it’s set up, it automatically records consent when someone submits a form.
Securely Store Consent: TrustedForm stores your consent records for up to five years, meeting the FTC’s record-keeping requirements.
5. Take Action Now
These new TCPA rules aren’t going away, and waiting until the last minute could leave your business exposed. Here’s how to get ahead:
Review Your Consent Process: Make sure every customer knows exactly what they’re agreeing to when they give consent.
Implement Record-Keeping Solutions: Whether you use TrustedForm or another system, have a process in place to track and store consent records.
Audit Your Campaigns: Make sure all your communications stay within the bounds of what the customer agreed to. If they signed up for product updates, don’t send them promos for unrelated services.
Conclusion:
By taking these simple steps, you can protect your business, avoid costly fines, and maintain customer trust. Compliance isn’t optional—but it doesn’t have to be difficult either.
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