On October 16, 2013 new regulations go into effect that govern telephone marketing communications with consumers.  These regulations were added as an amendment to the Telephone Consumer Protection Act of 1991 (TCPA) by the Federal Communications Commission.  The new regulations require businesses to obtain consent before placing auto-dialed or prerecorded telemarketing calls or text messages to mobile phones.  In the past, these types of calls and texts were covered under an “established business relationship” exception.  However, this exception will no longer apply effective 10/16/13 and any business who makes autodialed or pre-recorded marketing calls or texts must now get consent from the consumer first.

These new regulations are a clear victory for consumers.  Who likes getting pre-recorded marketing calls?  These calls aren’t just annoying but could actually cost consumers money when they are placed to a mobile phone.  For most businesses, these new regulations will have little impact   However, if your business uses a CRM like SalesForce or InsideSales or if you use an outside call center, you should take a closer look to make sure you’re in compliance.  Here are a few questions you should ask:

  1. Do the people who call your leads use an auto-dialer technology or do they leave pre-recorded voicemails?
  2. Do you send automatic text follow ups to leads?
  3. Have you thought about implementing either of these features in the near future?

If you answered yes to any of these questions, you should take a closer look at your marketing methods to ensure they comply with the new TCPA rules.

At LeadRival, we have taken several steps to ensure all leads are TCPA compliant now and in the future.  Beginning October 16th, all consumers who fill out a LeadRival web form consent to receive auto-dialed marketing messages and pre-recorded texts.  Further, any leads that call our toll free lines are asked the same consent question before their information is submitted to an attorney.  We will continue monitoring legal rulings and opinions concerning TCPA and will make more adjustments if and when they are necessary.  We believe that these measures will improve lead quality and shield our attorney partners from TCPA complaints.

For more information about TCPA and the new regulations that take effect October 16th, please visit these links: