Waterfall Client Webinar: Information on the October 16 TCPA Rules Changes
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In addition to our earlier email, we wanted to provide a forum for Waterfall clients to ask questions about the October 16 changes to the Telephone Consumer Protection Act. This webinar is not mandatory, rather it's meant to be an open discussion for those who feel like such a forum would be beneficial. In the webinar, Waterfall CMO Matt Silk will: 1) Walk through the changes to the TCPA 2) Describe the current discussion and reaction from the mobile industry 3) Provide some insight into the options mobile marketers have at their disposal Note: this webinar is not, nor should it supplement, legal advice. We'd like to remind clients to personally consult an attorney for specific counsel about telemarketing legalities.
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Waterfall Client Webinar: Information on the October 16 TCPA Rules Changes
- 1. Waterfall Industry Insights Waterfall Client Webinar - Information On the October 16 TCPA Rules Changes Matt Silk CMO Waterfall Mobile, Inc.
- 2. Agenda 1. The Mobile Industry & The TCPA 2. October 16 Rule Changes 3. Potential Courses Of Action 4. Available Resources 5. Q&A Š 2013 Waterfall Mobile, Inc. Proprietary and Confidential.
- 3. Consult Your Attorney This webinar is not, nor should it supplement, legal advice. Please personally consult an attorney for specific counsel about telemarketing legalities. The goal of this webinar is to provide information about the TCPA and how it relates to the mobile marketing industry.
- 4. Regulation Of Mobile Marketing Government Industry Associations
- 5. Telephone Consumer Protection Act Passed in 1991, The Telephone Consumer Protection Act (âTCPAâ) regulates calls and texts made to consumers. The Federal Communications Commission (âFCCâ) governs implementation of the TCPA. Simply, the TCPA allows consumers to collect damages for unsolicited telemarketing. Source: Cornell University Law School, 2013
- 6. Automatic telephone dialing system ⢠Common TCPA Terms Equipment which has the capacity to store/produce and dial telephone numbers using a random or sequential number generator Unsolicited advertisement ⢠Any material advertising the commercial availability or quality of property, goods or services that is transmitted to a person without prior expressed invitation or permission Established business relationship ⢠Source: Library of Congress, 2013 A relationship between a seller and consumer based on the consumer's purchase, rental, or lease of the seller's goods or services Š 2013 Waterfall Mobile, Inc. Proprietary and Confidential.
- 7. Agenda 1. The Mobile Industry & The TCPA 2. October 16 Rule Changes 3. Potential Courses Of Action 4. Available Resources 5. Q&A Š 2013 Waterfall Mobile, Inc. Proprietary and Confidential.
- 8. Effective October 16, 2013 Prior expressed written consent Revised TCPA Rules ⢠⢠Established business relationship ⢠⢠Source: Bloomberg Law, 2013 Unambiguous written consent required Before calling or texting a consumer, marketers must obtain a consumerâs written consent and signature No longer valid as an exemption from obtaining prior expressed written consent Selling to a consumer does not qualify as obtaining a consumerâs consent Š 2013 Waterfall Mobile, Inc. Proprietary and Confidential.
- 9. E-Sign Act ⢠Some TCPA Particularities ⢠Unambiguous Consent ⢠⢠⢠Source: Klein Moynihan Turco LLP, 2013 Electronic/digital signatures are valid Includes email, website form, text message, telephone keypad or IVR âClear and conspicuous disclosureâ required Advertiser bears the burden of proof KMT Best Practice: maintain each consumerâs written consent for at least four (4) years: the federal statute of limitations under the TCPA. Š 2013 Waterfall Mobile, Inc. Proprietary and Confidential.
- 10. Re All we need is one hour. Mobile Marketing Compliance Let us know your marketing goals and strategy. Weâll provide a plan to catapult your mobile subscriber numbers. Follow-up to approve the plan and sign off on the creative. Source: Klein Moynihan Turco LLP Source: CTIA Playbook, 2013 Š 2013 Waterfall Mobile, Inc. Proprietary and Confidential.
- 11. Agenda 1. The Mobile Industry & The TCPA 2. October 16 Rule Changes 3. Potential Courses Of Action 4. Available Resources 5. Q&A Š 2013 Waterfall Mobile, Inc. Proprietary and Confidential.
- 12. Re All we need is one hour. For New Mobile Subscribers Let us know your marketing goals and strategy. Weâll provide a plan to catapult your mobile subscriber numbers. Follow-up to approve the plan and sign off on the creative. Source: Klein Moynihan Turco LLP Waterfall Action Items ⢠⢠⢠⢠Crafting appropriate updates to the Terms & Conditions Working with clients to make any required updates to those pages we host on your behalf Providing appropriate language for clients to update their hosted pages Working with mobile industryâs regulators to eliminate ambiguity Š 2013 Waterfall Mobile, Inc. Proprietary and Confidential.
- 13. Re All we need is one hour. For Existing Mobile Subscribers Let us know your marketing goals and strategy. Weâll provide a plan to catapult your mobile subscriber numbers. Follow-up to approve the plan and sign off on the creative. Source: Klein Moynihan Turco LLP No Clear Answer As Of Right Now ⢠⢠Waterfall actively collaborating with the DMA and MMA to get the FCC to clarify 3 potential courses of action a. Opt-in with affirmative response b. Notification with opt-out c. Await further guidance Š 2013 Waterfall Mobile, Inc. Proprietary and Confidential.
- 14. Re All we need is one hour. Opt-in With Affirmative Response Let us know your marketing goals and strategy. Weâll provide a plan to catapult your mobile subscriber numbers. Follow-up to approve the plan and sign off on the creative. Elements in the message ⢠⢠⢠Highlight the TCPA changes Link to the new Terms & Conditions Require a reply to opt in to mobile list again Subscriber strategy ⢠⢠⢠⢠Craft a compelling message Send multiple times Use Waterfall list segmentation to only send to those not on the new list Set up a trackable URL to monitor views of the Ts & Cs Š 2013 Waterfall Mobile, Inc. Proprietary and Confidential.
- 15. Re All we need is one hour. Notification With Opt-out Instructions Let us know your marketing goals and strategy. Weâll provide a plan to catapult your mobile subscriber numbers. Follow-up to approve the plan and sign off on the creative. Elements in the message ⢠⢠⢠Highlight the TCPA changes Link to the new Terms & Conditions Remind subscribers how to opt out Subscriber strategy ⢠⢠⢠Craft a compelling message Send once Set up a trackable URL to monitor views of the Ts & Cs Š 2013 Waterfall Mobile, Inc. Proprietary and Confidential.
- 16. Agenda 1. The Mobile Industry & The TCPA 2. October 16 Rule Changes 3. Potential Courses Of Action 4. Available Resources 5. Q&A Š 2013 Waterfall Mobile, Inc. Proprietary and Confidential.
- 17. Consult Your Attorney This webinar is not, nor should it supplement, legal advice. Please personally consult an attorney for specific counsel about telemarketing legalities. The goal of this webinar is to provide information about the TCPA and how it relates to the mobile marketing industry.
- 18. Further Research For online legal perspectives about the TCPA: Klein Moynihan Turco Morrison & Foerster Patton Boggs bit.ly/KMTonTCPA bit.ly/MorrisonFoersteronTCPA bit.ly/PattonBoggsonTCPA Contact support@waterfallmobile.zendesk.com (512) 270-6070 This document and contents Š Waterfall Mobile, Inc, 2013. Proprietary and confidential.