The FCC's recent actions to close the "lead generation loophole" significantly impact the lead generation industry, emphasizing the importance of dynamic consent. They are trying to help consumers combat robocalls and spam texts mainly through stricter consent requirements. For everyone, it means ensuring that one-to-one consent is obtained for each seller, which is a significant shift from previous practices. You can learn more about the specifics of the ruling here.
Dynamic consent is the way forward, considering how you need one-to-one consent when contacting leads. What is dynamic consent? "Dynamic consent is the ability to return potential service providers to the consumer, allowing them to select who gets their information." Dynamic consent even allows you to keep using ping post in your strategy, read more about that here.
boberdoo has 4 different solutions that you can customize to your lead flow:
Click-through traffic - easiest
Dynamic consent widget - easy
Form Builder with dynamic consent - more customized
Ping Post with APIs - most custom option
The FCC's new regulations significantly affect the lead generation industry, emphasizing strict compliance with one-to-one consent for calls and texts. This change requires leads to proactively select which sellers they wish to be contacted by, eliminating automatic matching and the use of broad lists. To assist you in aligning with these guidelines, here's a guide of 8 steps for transitioning your company to a post-FCC industry. Dynamic consent aligns with these regulations by each lead explicitly agreeing to be contacted by specific companies, thus maintaining compliance while also enhancing lead quality. This approach is crucial for businesses to adapt to the evolving legal landscape and consumer expectations in lead generation. See here for a more detailed breakdown of the FCC ruling.
This may seem like a harsh ruling for the industry, and it is, but bad actors in the industry are the reason this is happening. No one likes receiving over 300 calls in two days; yes, that happened to us or getting spam texts. Unfortunately, the companies following the rules have to deal with this, but ultimately, it helps with the overall quality of leads in the long run and helps give trust back to the consumers when forms are filled out, and phone calls are made.
We hosted a webinar discussing the common questions we've gotten about the FCC, Dynamic Consent, One to One Consent and everything else around those subjects, you can check out the recording here. Also if you would like to join our webinars in the future, you can sign up here. Without further ado, here are our most frequently asked questions.
How are calls affected for one-to-one consent?
In the context of inbound calls, when dialing a number, they are not subject to the one-to-one consent requirement for submitting data leads. This is similar to click opportunities, where the user initiates an action and goes to a website to monetize that click. However, you will need to get that explicit consent for outbound calls.
Is SMS dead in this world for the lead generator?
When it comes to sending outbound texts to consumers in bulk, dynamic consent is necessary. Specifically, one-to-one consent is required for this type of communication. The opt-in process, which involves TCPA language, becomes crucial in obtaining consent. It's recommended to have appropriate language for TCPA compliance on the page, and we suggest consulting with in-house legal teams or attorneys to ensure compliance.
How can 3rd party software like Journaya be utilized for Dynamic Consent?
To integrate third-party software such as Jornaya or TrustedForm, you can leverage the boberdoo Form Builder. The Form Builder supports APIs for various functionalities to incorporate third-party scripts. As a lead generator, you can add the TrustedForm or the Jornaya script to your landing pages where leads are generated. These scripts capture information upon lead submission, generating a unique ID that is then included with the other lead fields. This serves a dual purpose. Firstly, the captured information can be used to either reject or proceed with the lead processing, for instance, relating to the originating domain or age for example. Secondly, the account owner can claim the certificate, providing evidence or proof that the consent was captured.
If we ping a network buyer, and the network returns an end buyer name (which is different from the name of the network), will the ping reply to our website be able to show the end buyer's name (and not the network's name)?
You need to display the end seller's name. For example, if the network returns " Company A " as their end buyer in a non-exclusive scenario, it will be displayed accordingly. The documentation or logging in the lead system will show that network one was the buyer who purchased the lead on behalf of or sold it to "Company A." boberdoo partners will have new labels related to one-to-one consent and seller resellers, aiding in organization and labeling for transactions.
Can checkboxes be pre-populated for consent?
Regarding checkboxes, they cannot be pre-populated; the consumer must explicitly choose them. This is a requirement for explicit consent, and consumers must take action. It is encouraged to test the effect of displaying multiple companies, as it may vary across different verticals. Some verticals may see improved revenue with various displays, while others prefer a single display. Each company's marketing approach will differ, so starting A/B tests early is advisable.
As a lead buyer (now called Seller by FCC), how can a company ensure leads are explicitly consented to by the consumer?
Firstly, anticipate changes in relationships between lead buyers and sellers, where having a direct relationship with any reseller or lead generator becomes crucial. From a technical perspective, services like Jornaya and Trusted Form may be necessary to verify that your company name is appropriately displayed for dynamic consent. In the context of boberdoo, clients have been using external services for similar purposes. During the ping or post-process, calls to third parties can be made to verify information, allowing for the continuation of lead processing or bidding only when your company information is displayed.
What are the rules for what needs to be displayed for one-to-one consent?
In certain instances, there's a distinction between displaying just the company name (e.g., Allstate) versus a company franchise. In the latter case, the individual franchise must be displayed as the company contacting the consumer. Ultimately, sellers must consult with their legal representation within this ecosystem to determine what information each company should return.
How do you handle responses from other resellers?
The dynamic consent processing logic moves upfront, where distribution logic occurs before consumers are presented with leads. Behind the scenes, there are three main processing logics:
What happens if I have five companies I could potentially display on this form?
The system decides who gets selected based on sorting logic if you want to display up to five sellers but have more than five potential sellers. Sorting can be based on factors such as best price, best-expected revenue per display, or weighted logic for priority distribution. Learn more about each here.
What company info do we need to display?
The sorting logic, especially for best price, becomes crucial when considering what company information to display. Duplicates and de-duping are essential considerations to ensure a good user experience. There are ongoing discussions about using unique fields like Duns number to avoid issues with similar names, such as "Allstate" versus "Allstate Inc."
Do they have to check the box, or can it automatically be checked upon the page load if we sell the leads exclusively?
If you exclusively sell leads, there's an option for automatic consent without a checkbox. The boberdoo Form Builder provides a feature called "Consent Exclusive Match." This option, either returned in the API response or integrated into the logic of the Form Builder, allows for a single select consent flow. In this scenario, individual companies are not explicitly listed; instead, magic strings can be used to dynamically display the company name, website, and phone number in the TCPA terms. This streamlines the consent process, eliminating the need for a separate checkbox for each company and ensuring a more efficient user experience. The Form Builder dynamically adjusts based on whether it's an exclusive or non-exclusive match, providing flexibility for lead generators in both scenarios.
Would we have to return the net dollars for each lead in order for boberdoo to know the expected earnings?
No, returning net dollars for each lead is not required for boberdoo to calculate expected earnings. All revenue from direct sellers or resellers is tracked within the boberdoo system. The necessary data for calculating expected earnings, including revenue from different systems, is available for running calculations. When logging a reseller transaction, the system captures the specified sub-seller to whom the lead was routed, enabling accurate revenue tracking through the entire transaction process.
What about post rejects? If a consumer selects a company and post rejects the lead, how do you chase down the consumer to try again?
Post rejects can be addressed through thank-you page management and a feature called the dynamic consent widget. When a lead is post-rejected, there are two potential reasons: failure in lead scoring or a rejection by the selected partner. For the former, options in the boberdoo Form Builder allow for excluding the chosen partner and displaying the remaining ones or generating a new list of partners. So when the consumer selects that company, within milliseconds, it will be post rejected, so the lead is then taken to the thank you page where there is a message about how they were not able to be connected to that Seller (buyer) and list the remaining sellers for them to consent to instead.
Additionally, the entire lead is already captured, and if the consumer doesn't take action or exits the browser, the system provides options. The one-to-one options enable automatic reprocessing of the lead at the end of the expiration time, specifically targeting partners that do not require one-to-one consent. Learn more about partners that do not require consent here. This allows for continued lead monetization even if the consumer still needs to select a specific company.
If a lead returns to the form, will they have to resubmit their PII?
Can we offer the lead more than what they are filling the form out for?
The ability to offer the lead more than what they initially filled the form for depends on the logical relevance of the seller list. The list of sellers needs to be topically and logically related. For instance, if the landing page concerns roofing, the seller list should specifically relate to roofers. While the thank-you page is not the ideal place for diverse offers, there are alternative spaces like banner ads or click-throughs where additional advertising can occur. However, from a marketer's standpoint, the primary focus should be encouraging users to select multiple companies, as it presents the best opportunity for monetization.
If the lead bounces off the page on the thank you page but already submitted their info, can we reach out to them directly to try to save the lead?
If the lead bounces off the thank-you page but has already submitted their Personal Identifiable Information (PII), the ability to reach out to them directly depends on the language and consent provided on the initial form. Typically, the TCPA text on the first form may include a statement that the company and its affiliates or marketing partners may contact the individual relating to email. Reaching out to save the lead could be permissible if such language is present. However, it's crucial to err on the side of caution and adhere to the consent and language provided on the initial form, especially for calls or texts.
If the Seller owns the domain they are on, does there need to be a check box at all? For Insurance: Can the Seller listed be a Carrier, and can the lead be sold to any Agent within the carrier? Or does it need to list an Agent's Name / Number?
If the Seller owns the domain they are on, there may not necessarily need to be a checkbox. However, compliance with TCPA regulations still requires proper consent language, potentially integrated into the text rather than a separate checkbox.
Regarding insurance leads, it's not explicitly specified whether the Seller listed can be a carrier, and the lead can be sold to any agent within the carrier. While the regulations may not expressly outline the details, including the company name and potentially the specific agent within the carrier is advisable to ensure clarity and compliance. For instance, listing "Allstate" or "Allstate Holdings" may suffice. However, in franchises like "Keller Williams Real Estate," it might be necessary to list the individual franchise for accurate identification.