What’s the relevance of tools like TrustedForm and Jornaya? Tools like TrustedForm and Jornaya are vital for compliance, as they provide proof of user consent, which is now required under the FCC’s new regulations. These tools are designed to capture the exact moment consent is given, including what the user saw on the form and how they agreed to it. This documentation can serve as crucial evidence if the validity of consent is ever questioned by regulators or in legal disputes. Read about these solutions here. Can I prepopulate checkboxes for consent? No, we do not believe prepopulating checkboxes for consent is compliant under the FCC’s one-to-one consent rule.
Consent should be an affirmative action taken by the consumer, meaning they need to manually check the box to indicate their agreement. Prepopulated checkboxes could lead to disputes over whether valid consent was given, so you should ensure users are actively choosing to opt in to communication from each individual business. I have a form where multiple brazil phone number list businesses can bid on a lead. How can I get compliant? If you have multiple buyers bidding on a lead, the FCC’s new rules still apply, meaning you must collect one-to-one consent for each specific buyer who will ultimately purchase the lead.
We wrote about this here. What is ping/post, and how is it relevant here? Ping/post is a lead distribution method whereby some limited lead information is first sent to multiple potential buyers (the “ping”), to one or more successful bidders (the “post”). If you’re selling leads, you’re already carrying out the “post”, which is simply the moment the buyer is sent the lead. In this context, a ping-post system allows you to get - consent for the individual buyer(s) who will be contacting the user. Without ping-post in place, you would have to rely on a blanket list of buyers, which would not be compliant.