Companies that wish to obtain
prior express written consent from consumers, for the purposes of placing calls
to the consumer's wireless number via an ATDS or for delivering solicitous
prerecorded messages, must ensure their lead sources meet specific requirements
to obtain consent.
Any type of written consent, or
agreement, should be clear and conspicuous and meet the following requirements:
- Written Agreement - Consent must be obtained in a written agreement, which includes the signature of the person providing consent. An electronic signature is sufficient to effectuate a written agreement in accordance with the E-SIGN Act.
- Identity of the Seller - the agreement must specifically indicate the seller(s) to whom consent is being provided.
- Telephone Number - the agreement must include the cellular number at which the person consents to receive calls. If the written agreement includes more than one number, it must be clear for which number(s) the person is consenting to receive calls.
- Affirmative Action - the consumer should take some affirmative action to indicate his/her agreement.
- Mandatory Disclosures - the agreement must clearly and conspicuously disclose:
- The person authorizes the seller to make telemarketing calls.
- The calls will be made using an ATDS (or prerecorded message, if applicable).
- The person is not required to provide consent as a condition of purchasing any good/services.
Another common discussion on the
subject is regarding "placement" of the disclosures. The rule is
clear that these notices/disclosures must be "clearly and
conspicuously" placed. This eliminates the possibility of simply adding
this component to your current terms/conditions/privacy policy.
Additionally, companies should
not clutter these required disclosures with other information such as gaining
consent for e-mail, mail, statements that the party agrees to the terms and
conditions, and so on. We recommend presenting these new disclosures in a distinct
and clearly visible manner while providing for an affirmation of agreement,
such as checking a previously unchecked box.
Consent can be captured when a
new customer record is created, or when a customer initiates contact with a
company. But these opportunities represent only a small fraction of the
customer database for most large companies. For the rest, it’s important to put
a plan in place to ensure compliance by October 16.
Ken Sponsler, CIPP, PMP, is the Vice President & General Manager of the Direct Marketing Compliance Practice at CompliancePoint.
See more at: http://www.compliancepointdm.com
See more at: http://www.compliancepointdm.com
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