Whoa, Nelly!
Options to Avoid New 1:1 Consent Burden
"I have been astonished by the hype and fervor surrounding the FCC’s new one-to-one consent requirements which go into effect on January 27, 2025. This hype ride is galloping down the path and the cost of meeting the new requirements is accelerating with one-to-one consent vendors lined up to grab a piece of your apple. The expected higher cost of a one-to-one specific consented lead includes specific additional outreach for consent, extensive record keeping, and additional cost associated with certifications. The ride is expensive.
Yep, dropping the reins is costly. Your margins will likely get kicked. It doesn’t have to be this way. You have fully compliant, cost-effective options!
How Did We Get On This Horse?
The FCC and others recognized that most robo callers or text blasters utilize an Automatic Telephone Dialing System (“autodialer”) or (ATDS) that results in consumer harassment. A reduction in robo calls and texts by bad actors was desired. We also do not like robo callers or text blasters. Bad fellas in black hats.
The FCC wanted to close the lead generator “loophole” by requiring that texters and callers get express written consumer consent for one seller at a time. Also, calls or texts must be logically and topically associated with the interaction.
As a result, they (FCC and TCPA) have delivered new restrictive rules which require callers to obtain one-to-one consumer express written consent for certain calls and texts sent using an (“autodialer”) or (ATDS) or made using a prerecorded or artificial voice.
These new rules and limitations do not apply to dialer systems that are not considered an “autodialer” or “ATDS”. The FCC defines these as “non-regulated technology”. This means that contacting existing customers or non-customers to introduce a complimentary product or service such as insurance, hospitality, home services, lawn care, home improvement, etc., can be done without specific one-to-one consent so long as an ATDS, pre-recorded or artificial voice is not utilized. DNC and RND scrubs should also be considered.
You can keep and utilize your current/historical CRM leads, current lead sources, processes, and practices if you do not use an autodialer or ATDS for calls or text messages. The same is true for new non-one-to-one consented leads.
There are compliance-minded companies such as ours and several others that have developed leading technology to aid folks in outbound marketing via omni-channel methods without the expected higher cost of one-to-one consent, record keeping and associated certification. We do this using a high volume, efficient compliance mindset.
Safe Path Forward
In fact, consent is not required to contact a lead if you do not use an ATDS. Yes, you can make non-consented calls and texts using SAFE SELECT. It is not an autodialer or ATDS. The FCC specifically states if you do not use regulated technology then the” express written consent” or “prior express invitation or permission” requirement is not applicable.
Whoa, Nelly! Hop Off
Pull the reins on Nelly. Full stop. Hop off the hype ride. You have more cost effective and better options for your outbound activities."
- Dan Greenwell, CEO of Customer Dynamics.