Still Vet Lead Sources Carefully
Posted: Sat May 24, 2025 8:51 am
Therefore, relying on overly broad "agree to receive calls from our partners" language remains risky.
Action for Businesses (Ongoing despite vacation):
Even without the australia phone number list strict "one-to-one" rule, ensure your lead generators use clear disclosures. If a lead generator provides consent that doesn't explicitly name you or the relevant product/service, it's still a higher risk.
Ensure "Logically and Topically Related": Even if the one-to-one is out, the idea that consent should be for relevant products/services is a good practice to follow to avoid consumer complaints and potential future scrutiny.
Maintain Records: Always have robust records of how, when, and where consent was obtained.
Consent Revocation Rules (Effective April 11, 2025):
What it is: These rules significantly enhance consumers' ability to revoke prior consent.
New Requirement: Consumers must be able to revoke consent through any reasonable method. You cannot dictate an exclusive method for revocation.
"Reasonable Methods" include (but are not limited to):
Replying with keywords like "STOP," "QUIT," "END," "REVOKE," "OPT OUT," or "CANCEL" to texts.
Using automated voice or opt-out replies during a call.
Submitting a message through a website provided by the caller.
Any other clear and unambiguous verbal or written expression of intent to stop receiving communications.
Processing Timeframe: Marketers must honor revocation requests within 10 business days. This is a much stricter deadline than previous interpretations.
Opt-Out Confirmation (Limited): Businesses may send a single, one-time SMS to confirm or clarify the scope of an opt-out (e.g., "You have been unsubscribed. Reply HELP for assistance."). This confirmation message must not contain any marketing content. It must be sent promptly (e.g., within 5 minutes) after the opt-out.
Impact on Informational Calls: If a consumer revokes consent in response to an informational robocall or robotext, businesses must discontinue all future non-emergency calls and texts, including marketing messages.
Action for Businesses:
Update All Opt-Out Mechanisms: Review and revise your systems (CRM, dialing platforms, SMS platforms, agent training) to recognize and process opt-out requests from all reasonable methods.
Automate Processing: Implement robust, real-time (or near real-time) automation for processing opt-outs to meet the 10-business-day deadline.
Train Agents: Ensure agents understand that any clear expression of "stop" or "don't call me" constitutes a revocation and must be logged and acted upon immediately. They must also know the rules for the single, non-marketing confirmation message.
Action for Businesses (Ongoing despite vacation):
Even without the australia phone number list strict "one-to-one" rule, ensure your lead generators use clear disclosures. If a lead generator provides consent that doesn't explicitly name you or the relevant product/service, it's still a higher risk.
Ensure "Logically and Topically Related": Even if the one-to-one is out, the idea that consent should be for relevant products/services is a good practice to follow to avoid consumer complaints and potential future scrutiny.
Maintain Records: Always have robust records of how, when, and where consent was obtained.
Consent Revocation Rules (Effective April 11, 2025):
What it is: These rules significantly enhance consumers' ability to revoke prior consent.
New Requirement: Consumers must be able to revoke consent through any reasonable method. You cannot dictate an exclusive method for revocation.
"Reasonable Methods" include (but are not limited to):
Replying with keywords like "STOP," "QUIT," "END," "REVOKE," "OPT OUT," or "CANCEL" to texts.
Using automated voice or opt-out replies during a call.
Submitting a message through a website provided by the caller.
Any other clear and unambiguous verbal or written expression of intent to stop receiving communications.
Processing Timeframe: Marketers must honor revocation requests within 10 business days. This is a much stricter deadline than previous interpretations.
Opt-Out Confirmation (Limited): Businesses may send a single, one-time SMS to confirm or clarify the scope of an opt-out (e.g., "You have been unsubscribed. Reply HELP for assistance."). This confirmation message must not contain any marketing content. It must be sent promptly (e.g., within 5 minutes) after the opt-out.
Impact on Informational Calls: If a consumer revokes consent in response to an informational robocall or robotext, businesses must discontinue all future non-emergency calls and texts, including marketing messages.
Action for Businesses:
Update All Opt-Out Mechanisms: Review and revise your systems (CRM, dialing platforms, SMS platforms, agent training) to recognize and process opt-out requests from all reasonable methods.
Automate Processing: Implement robust, real-time (or near real-time) automation for processing opt-outs to meet the 10-business-day deadline.
Train Agents: Ensure agents understand that any clear expression of "stop" or "don't call me" constitutes a revocation and must be logged and acted upon immediately. They must also know the rules for the single, non-marketing confirmation message.