So, last week, the FCC gave the green light to a game-changing ruling
that’s shaking things up in the lead gen industry.
Now, I’m certainly no legal expert, and I’m still trying to wrap my head
around all the nitty-gritty details, but I wanted to share a few of my
thoughts on how these changes might affect you.
In case you missed it, here’s the scoop:
On 12/13/23, the FCC passed a new rule that effectively closes the lead
generator loophole. It basically says that calls and text messages made
using regulated technology can only come from specific brands (referred to
as “sellers”) to whom consumers have given their prior express written
consent – that’s what they call “one-to-one consent.”
This ruling brings a few important changes into play, such as:
– Extending Do Not Call (DNC) protections to text messages
– Redefining what “prior express written consent” means
– Requiring calls to be related to the interaction that prompted the
– Plus, it puts the onus on brands (the lead buyers) to maintain their own
consent documentation, which is a big shift.
Now, there are plenty of implications here, but let me highlight just one.
Lead buyers (or partners) will now need to directly obtain consent from
consumers on their websites and keep a record of it when reaching out.
Which to be honest, I feel that everyone should be doing anyway.
So, as the founder of a lead form software, what’s my take on all this?
Well, it’s undeniably a significant development with wide-reaching
consequences, impacting not just lead generators but also pay-per-lead
marketers, agencies, and small businesses that rely on buying leads from
third-party sellers or agencies.
Here are my three key takeaways:
1) If you’re generating leads for other businesses in an agency or
pay-per-lead capacity, there’s an opportunity to turn this into a
competitive advantage by offering express consent services and consent
storage for your clients.
2) If you’re a small business relying on leads from third-party sources or
affiliates, now’s the time to focus on generating and capturing leads from
your own website.
3) For anyone generating leads (which is almost everyone), it’s crucial to
ensure your forms are compliant with the new regulations. Even if you’re
not following-up through phone or text, there are other compliance
regulations out there like GDPR.
One final thought – if we step back and look at the big picture, this is
all about data privacy and building trust with consumers.
Nobody wants to be bombarded with endless calls, texts, and emails after
submitting a form, right? That’s where the real opportunity lies. It lies
in building trust through your forms and carrying that trust through after
As for what I’ll be doing to support you through these changes:
I’ve got a game-changing feature in the works that will make it easier than
ever to ensure that all the leads you generate through our platform are
TCPA compliant. I can’t spill all the beans just yet, but it’s going to be
huge, and no other lead form builder is offering anything like it right now.
In the meantime, I recommend taking a close look at your form’s opt-in
text. I’ve dropped a link to a blog post I wrote before all this TCPA stuff
happened, and it’s still very relevant. It’ll walk you through a checklist
of things to keep in mind.
Here’s the link:
Stay tuned for more updates, and if you have any questions or thoughts,
feel free to reach out.
Founder of GetLeadForms
The Weekly Lead: Sharing insights from over 1 million leads generated at
least once per week, every Tuesday and sometimes multiple times per week if
I feel like I have more to share.
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