TCPA consent might not be the most exciting topic
But it’s an important one.
And I take all of this lead capture stuff seriously. That’s why we’ve been working so hard to turn LeadCapture.io into the most compliance focused lead capture platform on earth.
In fact, I still can’t wrap my head around how we slammed all that TCPA compliance stuff together so fast, under pressure-cooker deadlines, and with requests coming in from every direction—while being totally bootstrapped.
Meanwhile, our well-funded, VC-backed competitors couldn’t be bothered to lift a finger.
It’s like nobody else gave a damn, which just proves how dead serious we are about protecting what you do.
Comfort ….. kills.
Anyway… onto the big news many you’ve probably heard:
On Friday, the courts put a wooden stake in the heart of those new TCPA one-to-one consent rules.
They’re gone. Dead. Poof.
Now here are some thoughts on it all after actually speaking with lead generators in the space.
TCPA compliance itself isn’t going anywhere. In fact, lead capture forms are about to come under even MORE scrutiny.
Don’t just take my word on it. Eric Troutman over at TCPAworld said it best:
“Lead capture forms will face “even greater scrutiny now than they have in the past:.” He goes on to say that “The Eleventh Circuit’s repeated focus on “clearly and unmistakably” stated consent may pose a massive detriment to typical lead gen forms that are often neither clear nor unmistakable.
So, yes, one-to-one consent was axed.
But it might actually be time to button up your lead forms even more.
That means you should:
– Sharpen your consent text. (Try to avoid vague disclaimers.)
– Name the actual company in the disclosure if you can. (linking out to a 47-page Terms of Service that nobody reads probably won’t look great if you ever come under fire).
– Retain records of consent and pass them along to your buyers clients, self, etc
The new consent features in the LeadCapture.io platform can do all that—especially now that we’ve rolled out new consent templates, tagging, and retention features.
So what are others doing?
The vast majority are holding off on one-to-one consent.
But to my surprise, other lead generators are still pushing forward with one-to-one consent anyway.
Why?
– They like the extra belt-and-suspenders approach to capturing leads (they’ve already done the work—so why stop now when they can get that extra protection?)
– Some want to separate themselves from the crowd with “premium” leads, thanks to one-to-one consent. (Because it might justify a higher price.)
– Others want better contact rates. Yes, volume might dip a tad… but if prospects know exactly who they’re opting in for, they might just pick up the phone and reply to emails more.
My personal takeaways:
Because of the courts doubling down on “clearly and unmistakably,” how your forms capture consent is more important than ever.
I’m happy one-to-one consent isn’t a requirement. But, ironically, it might still be a big advantage, and I think people are realizing this.
The great thing is that now you can test it on your own schedule—without Big Brother breathing down your neck.
So if you want to keep living on the cutting edge of TCPA compliance—and keep your lead capture systems working without any messy lawsuits—LeadCapture.io obviously has (and will always have) your back.
So what are we doing right now on the platform side?
Well, we still have a couple of TCPA focused features in the works that we’ll finish up then push out the door by next week.
Then after that we’ll have pretty much nailed this compliance thing (with some more stuff coming in the future).
But, before that we’re going to turn our attention to some much needed features like:
1) Advanced conditional logic (along with blocking zip codes and blacklisted words)
2) finishing up point of capture email verification to help with contact rates
3) And tons of UX/UI enhancements to the builder itself
Tons of exciting things in the works.
Stay tuned for updates.
— John
Founder, LeadCapture.io
