Webinars

Solutions to Navigate FCC Rulings on Explicit Consent

This blog is based on the second session of the webinar sequence ‘Navigating FCC Regulations on Explicit Consent’ that we recently hosted with Verisk Marketing Solutions, where we will explore different workflows and campaigns compliant with FCC's new rules.


As we learn more about the changing FCC regulations on explicit consent and the impact this has on the future of customer acquisition, we will dive deeper into the topic of one-to-one brand consent and the proposed solution by PX and Verisk Marketing Solutions.

Recap of session 1

In session one, we had Michelle Shuster take us through the legal perspective of these changing regulations. Here are the key highlights of the new regulations:

  • On the 13th of December, 2023, the FCC approved new regulations; these new rules are to be implemented by January 27th, 2025. 
  • Brands that auto-dial using ATDS, text messages, or prerecorded messages need Prior Express Written consent from the consumer.
  • The typical use of hyperlinks in TCPA disclosure statements referencing a long list of marketing partners will no longer be acceptable.
  • Calls the consumer receives must be "logically and topically" associated with the content of the original website to which they gave consent.

You can read more about the expected changes and impact in our previous blog. 

The solution: Brand Explicit Consent 

Now, let's dive deeper into the proposed solution by PX, called Brand Explicit Consent. It’s a new standard and service to match consumers to brands and publishers in real time, allowing them to explicitly opt-in to a limited number of partners before submitting a form. We will explain it with three example workflows that it supports. 

Workflow 1 - exclusive leads (select single brand)

When a consumer fills out a lead form, a sophisticated algorithm performs real-time matching to identify the most appropriate advertiser for the consumer's needs. This selected advertiser is then explicitly presented within the TCPA disclosure, making it clear to the consumer to whom they consent. By completing the opt-in process, the consumer generates an exclusive lead for that advertiser.

Workflow 2 - Multi-brand selections on one submission page 

After entering their details and preferences, consumers are presented with multiple brands that match their criteria. They then actively select which brands they are interested in, ticking boxes next to each brand's name to provide explicit consent. This approach facilitates the generation of shared leads with clear, explicit consent for each brand involved.

Workflow 3  - Sequential opt-ins with dedicated brand submission pages 

Consumers are guided through a sequence of pages, each dedicated to a different brand, where they can opt-in to each brand separately. This method provides a clear, explicit consent process for each brand, allowing for exclusive and shared customer acquisition based on the consumer's selections.

To gain a better understanding of how these flows support different scenarios of consent capture, see here 

Consent verification by Verisk Marketing Solutions

Verisk Marketing Solutions tackles the challenge of consent verification with a sophisticated process that integrates seamlessly with customer acquisition platforms like PX. By pre-approving TCPA consent statements, instantly verifying consumer consents against these standards, and dynamically inserting brand-specific consent language in real time, Verisk enhances transparency, reduces compliance risks, and supports various campaign types. This streamlined approach not only maintains regulatory compliance but also fosters trust among consumers, publishers, and brands.

Campaigns that do not require explicit brand consent 

Certain campaigns do not require explicit brand consent due to their nature or how consumer interactions are structured. Here are examples of such campaigns:

  1. Inbound Calls or Click-to-Call Campaigns

Consumers directly initiate contact with a brand by calling a provided phone number or clicking a button that initiates a phone call. 

  1. Branded campaigns hosted by third parties

If a landing page or website is branded using branded content, including the TCPA of the individual brand, the consumer can provide their explicit consent.

  1. Appointment Scheduling

When consumers schedule appointments through a brand's website or a third-party platform without expecting a confirmatory phone call, they inherently consent to use their contact information for appointment-related communications. 

  1. Redirects to the Brand's Website for Consent Collection

When consumers are redirected to a brand’s site for direct consent, or when signing up for subscriptions, you do not need to gather that consent upfront on the publisher side.

Campaigns that support explicit brand consent

Exclusive Lead Generation Campaigns: Direct consumers opt for communications from a single brand, ensuring clear, explicit consent.

Shared Lead Generation Campaigns with Multi-brand Selections: Enables consumers to select and consent to multiple brands in one interaction, providing explicit permission for each.

Sequential Opt-in Campaigns: Offers a step-by-step process for consumers to give explicit consent to each brand separately, increasing transparency and consumer control.

Call Verified Leads: Involves confirming consumer interest and consent through a follow-up call before the lead is considered qualified, ensuring the lead's qualification and consent accuracy.

Call Transfers/Warm Transfers: Transfers consumers directly to a brand representative during or after consent is given. Ensuring immediate, consent-based communication.

End-to-end branded flow: Campaigns where every aspect, from initial contact to final interaction, is branded, providing a unified consumer experience. This approach ensures that consumers are fully aware of the brand they engage with, facilitating one-to-one explicit consent within a branded context.

Conclusion

The future of compliant customer acquisition lies in brand explicit consent. Companies can connect with higher-intent prospects by implementing workflows prioritizing one-to-one consent and improving customer experiences. Verisk Marketing Solutions and PX technologies provide the necessary tools and support to streamline these workflows and ensure compliance with the new regulations. It's an exciting time for the industry, and we look forward to seeing how these changes will shape the future of customer acquisition. If you have any further questions on this topic or would like to collaborate together with PX, make sure to get in touch by just dropping an email at brandconsent@px.com

Watch the webinar recording where Bas and Eli provide a detailed walkthrough of the different scenarios of consent capture supported by Brand Explicit Consent and the backend workflows powering the process. Re-watch it here.  

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