PossibleNOW’s Wireless E-Signature Compliance Application Enables Marketers to Comply With New TCPA Prior Express Written Consent Rules

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PossibleNOW, the leading provider of compliance and preference management solutions for direct marketers, offers a Wireless E-Signature Compliance Application that enables compliance with the new prior express written consent regulation from the Federal Communications Commission (FCC).

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PossibleNOW's Wireless E-Signature Application enables compliance with new TCPA prior express written consent rules.

PossibleNOW, the leading provider of compliance and preference management solutions for direct marketers, offers a Wireless E-Signature Compliance Application that enables compliance with the new prior express written consent regulation from the Federal Communications Commission (FCC). The FCC’s amended Telephone Consumer Protection Act (TCPA) regulations became effective on October 16, 2013.

Although the amendments include several changes, the biggest challenge for most marketers is the new prior express written consent requirement for autodialed calls to wireless telephone numbers. The FCC now requires that a company obtain written consent from a consumer before delivering any type of advertisement, solicitous text message or telemarketing call that uses an automatic telephone dialing system to any mobile device.

Any type of written consent, or agreement, must be clear and conspicuous. An electronic signature is sufficient to constitute a written agreement in accordance with the E-SIGN Act.

“This new rule presents a real challenge to telemarketers because many consumers no longer use landlines and instead rely solely on cell phones,” explains Scott Frey, President and CEO of PossibleNOW. “Calling a wireless phone number is already prohibited by the FCC for any purpose unless the consumer gives prior consent. However, the new FCC rules mean that companies can no longer rely on oral or implied consent to call a mobile phone. Implied consent refers to the assumption that a consumer who provided a mobile phone number was willing to be called. Neither oral nor implied consent now meet the new prior express written consent requirements. Telemarketers must now have prior express written consent before making calls with automated dialer equipment and will be required to maintain records of the consent.”

Frey continues, “Preference management, customer engagement and privacy compliance are tightly related. Our Wireless E-Signature Compliance Application lets companies take advantage of its ability to memorialize and manage express opt-in consent across all marketing platforms. Too many companies downplay the importance of privacy compliance when it comes to customer engagement.”

PossibleNOW’s Wireless E-Signature Compliance Application helps marketers who perform lead collection on their web sites capture a valid written approval. The application helps meet the FCC requirement that explicit disclosure and consumer agreement are obtained to comply with the new prior express written consent standards.

Here is how the application works:

As a site visitor enters their phone number into the online lead collection form, the application determines if the phone number is a landline or wireless. If it is a wireless phone number, an E-Signature form displays that allows capture of a valid e-signature for prior express written consent. If the application determines that the phone number is a landline, the information can be captured and saved for later use to show an established business relationship with the consumer. PossibleNOW maintains this data for historical and reporting purposes and to ensure compliance with the FCC recordkeeping rules.

PossibleNOW’s Wireless E-Signature Compliance Application can be used by companies in any industry that do telemarketing using automated dialer equipment. It is also an ideal solution for lead aggregators so that they can ensure the data that they provide has valid written consent to be called. The Wireless E-Signature Compliance Application can be used by companies who have their own internal Do Not Contact compliance solution or it can be integrated with PossibleNOW’s DNCSolution® or MyPreferences® applications.

For more information about the Wireless E-Signature Compliance Application, please contact PossibleNOW at (800) 585-4888 or info(at)possiblenow(dot)com.

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About PossibleNOW
PossibleNOW, headquartered near Atlanta, Georgia, is the trusted source for preference management and compliance solutions. PossibleNOW leverages its expertise in information technology, database management, customer engagement and consumer regulatory compliance to provide SaaS-based applications and solutions. The DNCSolution® suite of cloud-based services provides comprehensive tools that help direct marketers comply with federal and state Do Not Contact legislation (Do Not Call, Do Not Fax, Do Not E-mail, Do Not Mail). PossibleNOW’s MyPreferences® is an enterprise preference management solution that effectively collects and manages the contact and privacy preferences of customers and prospects including servicing, privacy, marketing (opt-in and opt-out) across all marketing channels and makes the preference data actionable. For more information, call (800) 585-4888 or (770) 255-1020, e-mail info(at)possiblenow(dot)com or visit http://www.possiblenow.com.

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Eric Tejeda
PossibleNOW
+1 (678) 287-7754
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Beverly Oscherwitz
PossibleNOW
(770) 255-1034
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