Why Brand New FCC Regulations Are Shaking Up Mobile Marketing

As of October 16th of this year, major changes went into effect as a result of new rules that have been added to the Telephone Consumer Protection Act (“TCPA”).

This legislation was originally passed in 1991 in response to consumer concerns regarding the growing number of unsolicited telephone marketing calls to their homes and the increasing use of automated and prerecorded messages. These new changes, enforced by the FCC and FTC, expand upon this principle and directly impact the way companies are able to execute mobile marketing programs. 

The new provisions require each marketer to show that they have obtained “prior express written consent” from existing and new contacts before the company can engage in any type of automated marketing-related phone calls or text messages. That means that every single lead you are generating and every customer contact, even those already in your database, need to have given you written permission to contact them via their mobile phone using automation. Failure to comply with the new TCPA guidelines may result in penalties of $500-$1,500 per non-compliant phone call or text message.

In addition to this newly rolled out provision, it has been widely reported that TPCA law suit cases are on the rise, both by individual plaintiffs in small claims but also in class action suits. The courts and the FCC have, in some instances, interpreted the TCPA provisions rather broadly, while courts and regulators are still debating as to the application of newer technologies.

Even prior to this regulatory change, Needle Movers has and continues to offer finger-signing technology to validate prior express written consent on our lead generation or mobile marketing survey forms. This feature can be built directly into these platforms at no additional cost to ensure our clients’ mobile lead and marketing programs are protected. This signature data is stored on your Needle Movers client portal and is available to you any time, 24/7.

Ensuring that your lead generation and mobile marketing programs are compliant means that your marketing dollars see the best ROI, but it also guards your organization from unnecessary litigation and fines. Needle Movers can work with you to create a fully compliant, consumer-friendly engagement program that can drive results for your brand while providing you with peace of mind. Click here for a quote!