What Do Garden Ants, Class Action Lawsuits, and TCPA Have in Common?

John Tallarico

As I spread mulch last week, I came upon an area of my yard infested with garden ants. As you probably know, ants create quite a disturbance, destroying the results of your backyard efforts. While I contemplated what to do, I stared at the ants going about their business. As the swarm of ants grew in size and quantity, I thought of TCPA lawsuits, and how they are also growing in number and strength.

While there are many legitimate TCPA cases, there are as many that are not.  Getting on the wrong side of a class action lawsuit can be disruptive to both businesses and individuals, distracting you from your real work.  As the Federal Communications Commission (FCC) continues to clarify its rules, it enables us to continue our gardening.

In a February 2012 post I commented on the then newly-released FCC Report and Order. One of its key provisions will take effect October 16, 2013: entities not governed under the Federal Trade Commission must obtain prior express written consent from the contacted party before placing an automated pre-recorded or pre-written telemarketing communication to a wireless phone number. The same applies for making a prerecorded telemarketing call to a residential phone number.

Obtaining this express written consent from consumers has the potential to limit some of these class action lawsuits, which, like containing my ant infestation, will put many organizations’ minds at ease.

Now is the opportunity to gain the opt-in consent of your customers, specifically their express written consent, so you can continue to deliver sales and marketing calls and text messages. This key step can save you time, money, keep you compliant with the FCC and most importantly, keep your customers happy.

Contact us today for a complimentary consultation on designing an impactful opt-in program that will allow you to meet the express written consent requirements and build a powerful mobile opt-in database that you can leverage in your future engagement strategies.