A newly released study from PerformLine, a company dedicated to helping marketers protect their brands by using verifiable compliance monitoring and discovery technologies, indicates that 85 percent of webpages are not compliant with new Telephone Consumer Protection Act (TCPA) regulations that took effect on October 16, 2013.
The new regulations make it mandatory for marketers to get prior written consent from consumers. As such, consumers must be alerted if they will be receiving future calls through an automated dialing system.
PerformLine leveraged its PerformMatch platform to analyze company websites and found that only 15 percent of pages reviewed were in compliance with the new TCPA rules.
It is important for marketers to follow the TCPA rules as they may face severe legal suits if these rules are violated. Marketers can tools, such as the PerformMatch TCPA Toolkit, to mitigate the risk of litigation by helping them find, document and remediate potential problems.
The study revealed that while 48 percent of pages did not achieve compliance because of invalid disclaimer language, 34 percent of pages failed because they did not have disclaimer language whatsoever. Moreover, about 29 percent of pages could not achieve compliance as they carried no option to provide express written consent.
The highest ranking brand had 85 percent of their pages meeting TCPA compliance rules, while the lowest ranking brand had 0 percent. Meanwhile, the highest ranking lead seller had 100 percent compliance on their pages, in contrast to the lowest ranking seller, which again had 0 percent of their pages meeting compliance rules.
“This research shows there is still a lot of work to be done by marketers and lead sellers to be in compliance with the new TCPA rules,” said Alex Baydin, CEO and founder of PerformLine. “But, the best way for marketers to avoid being involved in a costly TCPA lawsuit is to be proactive and remediate potential violations immediately.”
Edited by Blaise McNamee