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Getting consent online? Avoid these 3 common TCPA errors.

by | Aug 3, 2021 | Marketing Law

The Telephone Consumer Protection Act (TCPA) requires businesses to get consent from clients before using an automated telephone dialing system (ATDS) to deliver a pre-recorded message. Like all things in the business world, the practice of reaching out to customers has evolved beyond reaching out with mailed correspondence. Now businesses can reach out get consent for these contacts online. But how do business leaders make sure their practices follow the complicated TCPA? Avoiding the following common errors can help.

Error #1: Not listing the caller by name

It is tempting to keep the consent form vague for convenience’s sake, but a failure to list the specific seller that will make the call can void the online consent form.

Error #2: Hiding an arbitration provision

Including an arbitration clause is smart but hiding it within the terms and conditions page or link on the business’ website can cause problems. As noted in a recent publication by The Blacklist Academy, an online compliance and marketing law resources that focuses on TCPA issues, prevailing law generally requires the website provide notice of the terms the business wishes to enforce. Having a terms and conditions link as a small button at the bottom of the page and burying the arbitration clause within that link is unlikely to suffice.

Error #3: Failing to offer another way to view content

Businesses cannot force consumers to agree to contact in order to purchase or receive a good or service.

Bonus error: Doing it all on your own

Unless your business is large enough to have its own compliance department, it is a good idea to reach out to professionals to review your business’s practices for compliance. An audit can help to better ensure everything is in line and offer suggestions if changes are needed.