This panel discussion focused on best practices for acquiring, managing, and handling revocation of consumer consent in the lead generation industry. The experts discussed the different types of consent required depending on the communication channel and message. Prior express written consent under the TCPA requires identifying the seller, capturing the consumer’s phone number and electronic signature, and including language about auto-dialed calls and text messages.
Proper consent forms are important, but documentation is also critical. Consents should be maintained for at least five years. When consumers revoke consent, all communication channels covered by that consent must cease. If leads are resold multiple times, ensuring revocation requests propagate to downstream parties is challenging.
Evolving regulations from the FCC, FTC, and state agencies were also addressed. The FCC may soon limit the number of companies that can contact a lead. Proper vetting of vendors and contractual protections are key, though indemnification alone is not sufficient – compliance is paramount. Industry standards from organizations like REACH can provide guidance.
In summary, obtaining clear and documented consent, carefully managing vendor relationships, and ceasing all covered communications upon revocation are crucial best practices for companies in the lead generation space to navigate evolving regulations and mitigate risk.