In a recent shift to enhance consumer privacy and limit unsolicited calls, the Federal Communications Commission (FCC) has made significant changes to the Telephone Consumer Protection Act’s (TCPA) regulations. The new amendments to the TCPA, stemming from the FCC’s Report and Order implementing the TRACED Act (TRACED Order), will notably impact the pay-per-call affiliate marketing landscape.
Changes to Exempted Calls
These updated regulations bring about stricter rules, even for previously exempted calls such as non-commercial calls, commercial calls that exclude advertisements or telemarketing, tax-exempt nonprofit organization calls, and HIPAA-related calls. Until now, these calls, when using an artificial or prerecorded voice, could be made to a residential line without any limit and without the recipient’s prior express consent. However, as of July 20, 2023, even these exempted calls will be capped at a maximum of three calls in a 30-day period, with the only exception being HIPAA-related calls, which are limited to one call per day and a maximum of three per week.
In addition, the TRACED Order adds new opt-out and disclosure requirements to the categories of Exempted Calls. Now, anyone making an Exempted Call to a residential line using an artificial or prerecorded voice must identify themselves within two seconds of the call initiation and provide an immediate opt-out mechanism for the recipient through interactive voice or key press-activated options. If the recipient opts out, the call must be terminated immediately.
Furthermore, the TRACED Order extends the TCPA’s company-specific do-not-call rules to any person or entity making Exempted Calls using artificial or prerecorded voice, regardless of the calls being telephone solicitations. This entails that anyone making such calls must maintain a written do-not-call policy available on demand, train their personnel on the policy, record and honor do-not-call requests within 30 days, and provide the called party with details of the individual caller and the entity on whose behalf the call is being made.
Implications for Pay-Per-Call Affiliate Marketing
For those in the pay-per-call affiliate marketing industry, these changes mean that the compliance landscape has significantly shifted. Affiliate marketers must ensure they are aware of these changes, understand the implications, and adjust their strategies accordingly. It’s crucial to adopt a compliance-first approach in marketing activities, making sure all calls fall within the newly imposed restrictions and disclosure requirements.
Importantly, these rules apply not only to traditional residential lines but also to cell phones, as per federal courts’ interpretation of the residential telephone subscriber element of the TCPA’s rules. This further broadens the scope of these regulations, affecting a more significant portion of potential call recipients.
How BrokerCalls is Committed to Compliance
In conclusion, the FCC’s changes to the TCPA regulations mark a shift towards greater consumer protection in the field of telemarketing and affiliate marketing. These changes make BrokerCalls’ commitment to TCPA compliance even more significant. We understand the importance of these regulations, not only from a legal standpoint but also from a consumer trust perspective.
In this ever-evolving landscape, you can rely on BrokerCalls to stay informed, remain compliant, and deliver calls that adhere to the highest standards of quality and respect for consumer rights.
To learn more about how pay-per-call advertising can benefit your business, please contact BrokerCalls today at (855) 268-3773. You can also reach us on social media through Facebook, LinkedIn, and Instagram.
