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How the New TCPA Regulations Impact Remarketing

On October 16th, 2013, the FCC put new regulations in place under the Telephone Consumer Protection Act (TCPA). Essentially, the new regulations state that prior express written consent will be required for all autodialed, and/or pre-recorded calls, texts sent, made to cell phones, and pre-recorded calls made to residential land lines for marketing purposes.  If you are not in compliance, the TCPA provides either actual damages or statutory damages ranging from $500.00 to $1,500.00 per unsolicited call/message.  Most insurance companies won’t cover these types of fines, and money like that can bankrupt even the most stable business.  TCPA compliance is a big deal.

For me, this new regulation has a huge impact on my channel.  I manage the Remarketing programs at Progrexion, which include email, SMS, direct mail, and outbound dialing.  We send thousands of these types of messages per day.  We have been and will continue to make sure that we are always in compliance, so we’ve had to make some changes to the language we use when gathering permissions to ensure we are TCPA compliant.

At the same time, we want to make sure we gather as many permissions as possible for each of our prospective clients.  There was a lot of back and forth from our legal, marketing, and telecom departments, but in the end we came up with a language we feel will work for us; language that is TCPA compliant but also compelling to our prospective clients.

While the content we created was TCPA compliant, its impact on any Remarketing efforts in your business is anything but simple.  If you aren’t TCPA compliant, get TCPA compliant. But make sure that the language you put in place is optimized to gather as many permissions as possible.

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