Consent management in mobile
marketing will be critical with the recent Federal Communications Commission
amendment to the Telephone Consumer Protection Act regarding prior express
written consent. This new regulation requires that a company obtain prior express
written consent from a consumer before using an automated dialing system to
deliver any type of advertisement or telemarketing call, including prerecorded
messages and text messages, to a mobile device.
Even companies who have previously
marketed to their customers’ mobile devices using implied consent (such as
responding to an inquiry submitted from a web site form) must now obtain prior
express written consent. Any solicitation prerecorded messages to be delivered
to any residential phone line will also require prior express written consent.
These new prior express written
consent standards could severely impact your ability to reach consumers who
have given up their landlines and rely solely on mobile devices. In fact, a
recent study by Pew Research Center showed that 46% of Americans now have a
smartphone of some kind while two in five adults (41%) own a cell phone that is
not a smartphone.
So, how can marketers comply with
the new prior express written consent rules?
One technology solution that is currently
available helps solve this issue by capturing an e-signature. As a visitor to
your web site enters their phone number into an online lead collection form,
the application sends a web services call to the vendor’s database to determine
if the phone number is a landline or wireless. If it is a wireless phone
number, an e-signature form displays the appropriate disclosure language and
allows the capture of a valid e-signature for prior express written consent.
If the application determines that
the phone number is a landline, the information can be captured and saved for
later use to show an established business relationship with the consumer,
Be sure to look for a solution that
can be easily expanded into a full multi-channel enterprise preference
management solution.
How do you plan to manage consent
with your mobile marketing efforts? Share your thoughts and ideas on this
topic!
Scott Frey is the CEO of PossibleNOW and CompliancePoint. Scott leads the strategic mission to maintain its leadership position in global direct marketing compliance by closely monitoring changes in consumer privacy legislation, industry trends, and delivering innovative products and services to meet client’s needs.
Follow me on Twitter: @ScottFreyPN | Connect on LinkedIn: Scott Frey
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