My most recent blog touched on the topic of consent management and the looming challenges facing mobile marketers. Consent management in mobile marketing will be critical with the recent Federal Communications Commission amendment to the Telephone Consumer Protection Act regarding prior express written consent. This new regulation requires that a company obtain prior express written consent from a consumer before using an automated dialing system to deliver any type of advertisement or telemarketing call, including prerecorded messages and text messages, to a mobile device. Even companies who have previously marketed to their customers’ mobile devices using implied consent (such as responding to an inquiry submitted from a web site form) must now obtain prior express written consent. Any solicitation prerecorded messages to be delivered to any residential phone line will also require prior express written consent. These new prior express written consent standards could severely impact your ability to reach consumers who have given up their landlines and rely solely on mobile devices. In fact, a recent study by Pew Research Center showed that 46% of Americans now have a smartphone of some kind while two in five adults (41%) own a cell phone that is not a smartphone. So, how can marketers comply with the new prior express written consent rules? One technology solution that is currently available helps solve this issue by capturing an e-signature. As a visitor to your web site enters their phone number into an online lead collection form, the application sends a web services call to the vendor’s database to determine if the phone number is a landline or wireless. If it is a wireless phone number, an e-signature form displays the appropriate disclosure language and allows the capture of a valid e-signature for prior express written consent. If the application determines that the phone number is a landline, the information can be captured and saved for later use to show an established business relationship with the consumer, Be sure to look for a solution that can be easily expanded into a full multi-channel enterprise preference management solution. How do you plan to manage consent with your mobile marketing efforts? Share your thoughts and ideas on this topic! About the Author:
Scott Frey is the CEO of PossibleNOW and CompliancePoint. Scott leads the strategic mission to maintain its leadership position in global direct marketing compliance by closely monitoring changes in consumer privacy legislation, industry trends, and delivering innovative products and services to meet client’s needs.
Labels: consent management, FCC, MyPreferences, opt in, opt out, pew research