It’s only been 6 months since the FCC dropped a bomb on the lead generation landscape. Since that time, the FCC’s mandate for one-to-one consent marks a significant departure, requiring businesses to obtain explicit permission from consumers before making contact.
The one-to-one consent rule is scheduled to become effective one year after its publication in the Federal Register; January 2025. Lead generators and the companies utilizing their services must ensure compliance with this new rule by the January deadline to avoid potential liability risks under the TCPA. What has the lead generation industry been doing over the last few months to prepare?
The Initial Impact of the Ruling
The lead gen industry has been busy since this announcement came out. As with many regulations of this nature, there are those that strive for compliance and those that ask for clarity. Legal professionals and industry experts went to work to understand and communicate the details surrounding the changes, deadlines, and help answer the question, “what does this mean for the lead gen industry?”.
To help companies comply, law firms went to work deciphering and interpreting the new rules, providing guidance and assistance to companies to help get the ball rolling on changes required to become compliant by 2025. Over time we have learned that it comes down to consumers being contacted by one company at a time. The company receiving consent and making contact must be the one providing the goods or services requested.
Since December, attendees at industry conferences have been guided by experts informing attendees about the regulations and steps needed to achieve consent. We’ve also been covering the news regularly both through our weekly blog posts and monthly webinar series.
And thankfully, for now, we were able to answer the question, “Is Lead Gen Dead?” with a resounding NO, it’s just changing. Read more about that in a recent blog post.
Moving Towards Compliance
With the FCC’s new rule in place, the lead generation industry must take a closer look at how they’ve been procuring leads, and move towards prioritizing quality over quantity. No longer can businesses rely on mass outreach campaigns; instead, they must focus on cultivating genuine connections with consumers who have explicitly opted in to receive communications. Each consumer must provide express consent specifically to the good or service provider that will ultimately reach out to them.
Compliance with the FCC’s rule could mean substantial investment in technology and processes. From robust CRM systems to enhanced data security measures, businesses must ensure that they have the infrastructure in place to track consent, manage opt-outs, and stay on the right side of the law.
Protecting consumers and only reaching out to those who have given express consent is paramount in this new era of lead generation. Lead generators and buyers must understand where their leads are coming from, that the consumers have provided their consent, and that the lead is not fraudulent. It’s not just contacting an old lead or one that accidentally ended up in your queue that can get you into trouble.
Fraudulent Leads Cannot Consent
The existence and growing threat of fraud cannot be ignored. Bots, malware, and human fraud continue to plague lead generators and marketing partners alike. The problem is rooted in the idea behind consent. For example, a fraudulent lead can use real information resulting in a person being contacted without their consent.
Anura’ ad fraud solution protects all parties by detecting and blocking the sophisticated invalid traffic (SIVT) that significantly contributes to fraud. Companies should go one step further and make sure that the ad fraud solution they are using is committed to following the rigorous guidelines established by the Trustworthy Accountability Group (TAG) or the Media Rating Council (MRC).
In addition to being concerned with becoming compliant to the new one-to-one rule, buyers should ask their lead sources what they’re doing to protect them from fraud and the potential TCPA fines and lawsuits that could result. The legitimate lead generators will want to identify the source of the problem and correct the course as soon as possible. The bad ones? Well, they may take token actions to improve things in the short term, but do yourself a favor and seek better sources.
It’s not all Doom and Gloom
Despite the significant changes and potential hurdles posed by the one-to-one consent rule, it’s important to remember that these changes also bring opportunities for innovation and improved trust between businesses and consumers. By implementing rigorous compliance measures and adopting robust technology solutions like Anura, companies can not only meet the new requirements but also enhance the quality of their leads and the effectiveness of their marketing efforts. Anura can help protect you from fraudulent leads. By leveraging advanced technology to detect and block fraudulent activity in real-time, Anura helps businesses safeguard their lead-generation efforts and maintain the integrity of their customer relationships.
There are also resources available for you to make sure you remain on top of the shifting regulations. Organizations like the Responsible Enterprises Against Consumer Harassment (or R.E.A.C.H.) have developed tools and advocacy platforms to help the industry better understand how to comply with these new regulations. By focusing on compliance as a cornerstone of your business strategy, you can turn these new challenges into opportunities to build stronger, more trustworthy relationships with your consumers. As the landscape evolves, staying informed and proactive is key to navigating the changes successfully and ensuring that your lead generation efforts remain effective and above board.