Direct marketing compliance update: DMA in DC and cell phone consent changes

I came away from the conference encouraged that there are so many experts in our industry who understand the value of engaging with policy-makers in Washington. We must educate the policy-makers and help them understand the huge impact the DM industry has on our national economy – 9.2 million jobs and more than $2 trillion in annual sales in the US.

I was recently in Washington, DC for the DMA in DC Conference, an annual event at which data-driven marketers and fundraisers meet face-to-face with the Federal Trade Commission (FTC) and Members of Congress to discuss issues and regulations impacting the industry — and what needs to be done to ensure responsible access to marketing data.

Direct marketing compliance takeaways from the DMA in DC Conference

I came away from the conference encouraged that there are so many experts in our industry who understand the value of engaging with policy-makers in Washington.  We must educate the policy-makers and help them understand the huge impact the DM industry has on our national economy.  Balancing the concerns of consumers with the needs of marketers is critical.

While some lawmakers are beginning to grasp the value of our business, others are totally unaware that our industry provides 9.2 million jobs in the United States and accounts for more than $2 trillion in annual sales – and unnecessary legislation that negatively impacts the industry hurts the national economy.

Here are some issues I’ll be discussing in the coming weeks:

  • What’s going to become of the post office?
  • Proper information privacy – especially as it pertains to information from social networking sites
  • Data security and recovery systems
  • Mobile phone calling regulations.

New FCC TCPA requirement:  You must obtain prior express written consent for all autodialed telemarketing calls to cell phones

On September 17, 2012 the Office of Management and Budget (OMB) approved the FCC’s revisions to the Telephone Consumer Protection Act (TCPA) requiring express written consent for telephone solicitation messages (including text messages) placed using a prerecorded voice or an automatic telephone dialing system to cellular telephone numbers.  The express written consent requirement is set to go into effect on October 16, 2013.

This requirement will have an impact on any business or organization that calls cell phone numbers that have been provided to them by consumers. It is no longer acceptable to call a consumer just because they gave you their number and/or you have an existing business relationship with them.  Rather, when consumers give their phone number they must also proactively give consent, such as checking a box online signifying your organization may contact them, if it is a mobile number.

We encourage everyone to make sure their data collection forms and procedures are compliant with the new rule by working closely with your marketing partners and internal legal counsel in fully addressing how the new rule specifically affects your organization.  As always, your dedication to direct marketing compliance should never waver. For more information on InfoCision’s robust compliance systems, please follow this link. http://bit.ly/13xY1Yf