Many of you use TrustedForm on your website to document consent for current or potential customers to be contacted by telephone, text message or email. TrustedForm provides significant benefits for all concerned with a website visit and the process of lead verification. In particular, TrustedForm helps document a consumer’s consent to be contacted which greatly helps companies comply with privacy laws such as the Telephone Consumer Protection Act (“TCPA”). TrustedForm also helps to protect you from baseless claims of TCPA violations by aggressive litigators. Recently, some of the same serial litigators who have threatened TCPA claims have been pursuing a new avenue of litigation. They have pursued cases against website owners and their service providers (like us) based on a decades-old California wiretapping statute. These “wiretap” cases involve sites that use any type of session replay technology like TrustedForm. This is yet another challenge for website owners, who are doing their best to conduct business responsibly and comply with the law. Again, ActiveProspect is at the frontlines of the battle. The purpose of this article is to provide some context and updates on recent legal developments. 

As a company, our mission is to make consent-based marketing the best channel for customer acquisition. Consent-based marketing is the practice of only contacting consumers who have given their prior express written consent to be contacted. Ultimately, we want to put the control in the hands of the consumer and do away with unsolicited outreach by giving marketers a better alternative. Given that we are strong advocates of consumer privacy, we were very frustrated to be named in a few of these CA wiretapping complaints, even though most have been quickly dismissed. 

However, some recent wiretap cases have made it past the dismissal stage of litigation.  

• Javier vs. Assurance IQ, LLC and ActiveProspect, Inc.:  Originally, the District Court for the Northern District of California dismissed the Javier case, but the plaintiff appealed that ruling to the Ninth Circuit. Unfortunately, the Court of Appeals for the Ninth Circuit reversed the District Court’s dismissal and remanded the case back to the District Court for additional discovery and fact finding. The Ninth Circuit held that the basis for the District Court’s decision—that the plaintiff had provided express consent retroactively to Assurance IQ’s use of TrustedForm—was in error. In particular, relying on cases dealing with a different statute than the one under which the plaintiff sued (and that arose in the context of telephone calls and not internet communications), the Ninth Circuit held that the plaintiff had to provide his consent prior to any involvement by TrustedForm for his express consent to be effective. This decision was met with criticism. However, upon remand, the District Court again dismissed the plaintiff’s claim – this time on a statute of limitations issue.

The primary takeaway from the rather uneven Javier litigation is that the Ninth Circuit held that prior express written notice is required when a website employs session replay technology such as TrustedForm.

• Williams v. What If Holdings, LLC and ActiveProspect, Inc.: Another case from the Northern District of California, Williams was also dismissed by the District Court and appealed to the Ninth Circuit.  However, in Williams, the plaintiff voluntarily withdrew her appeal just several days prior to the oral argument scheduled before the Ninth Circuit.  

The takeaway?  One can only assume that the plaintiff felt extremely unsure of her chances at prevailing upon appeal; and thus withdrew her claim before precedent could be set against serial litigators everywhere.

• Hazel v. Prudential Financial, Inc. and ActiveProspect, Inc.:  Yet another case out of the Northern District of California, this wiretap case is still ongoing (currently in the discovery phase of litigation).  This case turns primarily on two issues:  (1) whether TrustedForm (and therefore ActiveProspect) intercepts communications “in transit”; and (2) whether ActiveProspect is a third-party “eavesdropper.”  ActiveProspect remains confident that during the fact-finding discovery phase of this case, it will meet its burden to prove that TrustedForm does not intercept communications in transit and is acting solely on behalf of the website owner (and therefore is not a third-party “eavesdropper”).  

While this case is being litigated, the best protection customers have against these wiretap suits is the same as outlined by the Ninth Circuit in Javier:  Website owners should provide prior express written notice of the use of session replay technology such as TrustedForm. 

It is important when discussing these cases to note that the internet is a fundamentally different technology than telephone communication under which this 1993 California Wiretapping law is being interpreted. When you go to a website, by default your interaction with and activity on that website is logged. This logging and recording has become more sophisticated over the years with “session replays.” This technology works by taking the logged events on a site and replaying them with a copy of the site to visualize a replay of that user’s website session. While it looks like a video, it is not an actual video recording, but rather a reconstruction of the exact webpage and webform interaction, as it occurred, on that day and time. We are a service provider to the website owner who relies on our technology to comply with the TCPA by documenting the consumer’s consent to be contacted. A website owner could build and implement its own technology to provide similar functionality. We simply provide the tool for capturing and archiving the webform interaction and consent language presented for compliance and verification purposes. Only the site owner can share a TrustedForm certificate (which includes the session replay) from their site for access by others. 

We remain confident that we will prevail in the Hazel case. It is important for everyone in the consent-based marketing ecosystem that we do.

In the interim, developments such as Javier and Williams serve as an important reminder about the need for website owners to provide prior express written notice to site visitors about your privacy practices, including the use of session replay technology like TrustedForm. We have specifically developed a TrustedForm Privacy Notice for your use on your website (Click here). We recommend using this link in your own Privacy Policy which is shown on your website.  Please also note that use of the TrustedForm Certify Web SDK is specifically governed by our TrustedForm EULA, which requires that site operators provide notice to their visitors. As always, we recommend that you work with your privacy, legal and design teams to determine the most reasonable, balanced way to meet any webpage notice and consent language compliance requirements set forth in our EULA or under various data laws and regulations.

The post TrustedForm and the CA Wiretapping Threat appeared first on ActiveProspect.

In the fast-paced world of online lead generation, it’s crucial for marketers to have effective digital marketing strategies in place in order to drive business success and growth. Understanding the nuances of lead capture automation, lead flow management, lead management automation, and related processes can significantly enhance your marketing efforts.

This guide will explore the critical components of a robust lead generation strategy, focusing on automation and compliance, ensuring your marketing efforts are efficient, effective, and compliant with regulations.

Understanding lead generation

“Lead generation” is the process of attracting and converting users and prospects into someone who has indicated an interest in your company’s product or service. The goal is to develop a funnel of interested individuals who can be nurtured and converted into customers.

This involves several steps, from capturing initial interest to managing leads through the sales pipeline. Here’s an in-depth look at the key steps involved in effective lead generation. In today’s market landscape, leveraging cutting-edge technology enhances every stage of the sales process. A well-rounded strategy involves integrating various advanced platforms and even relying on specialized staff augmentation services to quickly scale teams. Marketers can benefit immensely by opting for B2B sales platforms by Trumpet, which cater specifically to personalization and engagement needs, streamlining processes within digital sales rooms.

1. Identify your target audience

Before you start generating leads, you need to know who you’re targeting. Understanding your ideal customer profile is crucial for creating tailored marketing strategies. This involves:

• Market research: Conduct thorough research to understand the demographics, interests, pain points, and behaviors of your target audience.
• Buyer personas: Develop detailed buyer personas representing different segments of your audience. These personas help guide your marketing strategy, enhance sales prospecting efforts, and ensure your content resonates with potential customers.

2. Create compelling content

Content is the backbone of lead generation. High-quality, valuable content attracts visitors and encourages them to engage with your brand. Types of content include:

• Blog posts: Regularly updated blog posts that address your audience’s pain points and provide solutions. Check out content writing samples to find inspiration for blog formats that drive engagement.
• eBooks and whitepapers: In-depth guides that require users to provide contact information in exchange for access.
• Webinars and videos: Interactive and visual content that engages users and collects their details for event registration. You can use images too for interactive content, and an AI photo editor can help you quickly enhance, resize, or customize them to match your branding and boost engagement.
• Case studies: In-depth analyses of how your business helped specific customers, typically used to provide insights, demonstrate effectiveness, and share best practices.
• Podcasts: Digital audio programs that are available for streaming, often supported by podcast editing services, that cover specific topics or themes and can be accessed on demand.
• Branded Merchandise: Useful and memorable items such as custom printed backpacks, notebooks, calendars, tote bags, or branded stress relief items like high-quality custom stress balls featuring your logo or campaign theme. These not only increase brand visibility but also create a sense of loyalty and engagement among recipients. Companies can easily create these print-on-demand materials through third-party service providers.

3. Optimize your website

Your website is the hub of your lead generation efforts. Start fast by creating a website with AI and optimize it to capture leads effectively:

• Landing pages: Create dedicated landing pages for specific campaigns with a clear call-to-action (CTA) and lead capture forms.
• Forms: Simplify your forms to collect essential information. The fewer fields, the higher the completion rate.
• CTAs: Place compelling CTAs throughout your website, guiding visitors towards taking action.

4. Use lead capture tools

Automate and streamline the process of collecting leads with various tools and technologies:

• Lead capture forms: Embed forms on your landing pages, blog posts, and other high-traffic areas of your website.
• Pop-ups and slide-ins: Use timed or behavior-triggered pop-ups to capture visitor information.
• Chatbots: Implement chatbots to engage with visitors in real time and collect their information through interactive conversations. Partnering with a chatbot development company can help you create more sophisticated and customized chatbot solutions tailored to your specific needs.

5. Drive traffic

Attracting visitors to your website is essential for generating leads. Use a mix of strategies to drive traffic:

• Search Engine Optimization (SEO): Optimize your content and website for AI search engines to attract organic traffic.
• Pay-Per-Click (PPC) advertising: Use paid search and display ads to target specific keywords and demographics. Additionally, consider ad exchange platforms like Zeropark, which allows advertisers to bid on traffic through formats like pop, redirect, and domain traffic, offering a unique way to drive highly targeted visitors to your site.
• Social media marketing: Promote your content and engage with your audience on social media platforms.
• Email marketing: Send targeted emails to your existing contacts and high-value prospects to drive traffic back to your website.

6. Nurture leads

Once you’ve captured leads, nurturing them is crucial to move them through the sales funnel:

• Email campaigns: Send personalized and relevant emails to keep leads engaged and informed.
• Marketing automation: Use automation tools to send timely and targeted messages based on lead behavior and stage in the funnel.
• Content marketing: Continue to provide valuable content that addresses leads’ needs and interests.

7. Score and segment leads

Not all leads are equal. Lead scoring and segmentation help prioritize leads and tailor your approach:

• Lead scoring: Assign scores to leads based on their behavior, engagement, and demographics to determine their readiness to buy.
• Segmentation: Group leads based on shared characteristics or behaviors to deliver more personalized and relevant communication.

8. Hand off to Sales

When a lead reaches a certain score or shows strong buying signals, it’s time to pass them to the Sales team:

• Define criteria: Establish clear criteria for when a lead is ready to be handed off to sales.
• Communication: Ensure seamless communication between Marketing and Sales teams to provide context and insights about the lead.

9. Analyze and optimize

Continuously monitor and refine your lead generation efforts to improve performance:

• Analytics: Track key metrics such as conversion rates, cost per lead, and lead quality.
• A/B testing: Test different elements of your campaigns (e.g., CTAs, landing pages, email content) to determine what works best.
• Feedback: Collect feedback from your Sales team and leads to identify areas for improvement.

By following these steps and continuously refining your approach, you can attract high-quality leads, nurture them through the sales funnel, and ultimately drive business growth.

Lead capture

What is lead capture?

Lead capture is a fundamental component of the lead generation process, involving the collection of information from potential customers who have shown interest in a product or service.

This process typically utilizes various digital tools and techniques to gather relevant data, such as contact details and behavioral insights, which can then be used to nurture and convert leads into customers.

Importance of lead capture

Lead capture is crucial because it forms the initial step in building a relationship with potential customers. By collecting their information, businesses can engage with leads through personalized communication, increasing the likelihood of conversion.

Effective lead capture strategies ensure that no potential opportunity is missed, paving the way for a robust sales pipeline.

Methods of lead capture

1. Web forms: One of the most common methods, web forms are placed on landing pages, blog posts, or pop-up windows, asking visitors to fill in their details in exchange for valuable content, such as eBooks, whitepapers, or newsletters.
2. Landing pages: Dedicated pages designed specifically to capture leads, often offering something of value (like a free trial or a discount) in exchange for the visitor’s contact information.
3. Social media: Platforms like Facebook, LinkedIn, TikTok, and Instagram, where the visual appeal plays a significant role, offer lead-generation ads that allow businesses to capture leads directly within the social media interface without requiring the user to leave the platform. You can take your social media strategy a step further by automating tasks on LinkedIn like sending personalized connection requests and follow-ups, which not only saves time but also helps you stay consistent in reaching out to ideal leads without manual effort. For instance, getting Instagram followers can be a powerful way to enhance brand visibility and generate quality leads.
4. Chatbots: Automated chat systems on websites that interact with visitors in real time, asking questions and collecting information based on user responses. Platforms like DenserAI take this a step further by allowing businesses to build tailored conversation flows, integrate with internal tools, and respond based on real-time user behavior, making each interaction more relevant and useful.
5. Events and webinars: Collecting attendee information during registration for online and offline events or webinars, providing a platform to engage with interested prospects. For in-person interactions, QR codes can simplify check-ins, direct users to gated content, or collect feedback in real-time. That’s part of the reason QR codes for businesses keep showing up more often at trade shows, workshops, and other events where quick access matters. Tools like the QR Code generator allow marketers to quickly create dynamic QR codes for forms, event pages, or even contact-sharing ideal for networking-heavy scenarios like trade shows and workshops.

Best practices for lead capture

1. Optimized forms: Design forms that are easy to fill out, with clear instructions and as few fields as possible to reduce friction.
2. Compelling CTAs: Use strong and clear calls-to-actions (CTAs) that encourage visitors to provide their information in exchange for something valuable.
3. Mobile-friendly: Ensure that your lead capture forms and landing pages are mobile-responsive, catering to the increasing number of mobile users.
4. Privacy assurance: Clearly communicate how you will use the captured data and assure visitors that their information will be protected.
5. A/B testing: Continuously test different versions of your forms and landing pages to determine which performs best in capturing leads.

Lead capture is an essential part of the marketing funnel, serving as the gateway to converting interested prospects into loyal customers. By leveraging automation tools and following best practices, businesses can optimize their lead capture processes, ensuring a steady flow of high-quality leads into their sales pipeline.

Effective lead capture not only boosts your marketing efficiency but also enhances the overall customer experience, driving better engagement and higher conversion rates.

Lead capture automation

What is lead capture automation?

Lead capture automation involves using tools and technology to collect information from potential customers without manual intervention. This can include data from forms, landing pages, social media, and other digital touchpoints.

Benefits of lead capture automation

Lead capture automation leverages technology to streamline the process of collecting and managing leads. Here are some key benefits:

• Efficiency: Automating lead capture reduces the need for manual data entry, saving time and minimizing errors.
• Scalability: You can handle a higher volume of leads without additional manpower, making it easier to grow your lead database.
• Immediate engagement: Automated systems can send instant responses or follow-ups to captured leads, keeping them engaged while their interest is high.
• Enhanced data accuracy: Automation tools often include validation features that ensure the accuracy and completeness of the captured data.

Tools for lead capture automation

1. HubSpot: A comprehensive marketing platform that includes tools for creating forms, landing pages, and managing captured leads.
2. Marketo Engage: Offers robust lead capture functionalities, including form creation, landing page design, and integration with CRM systems.
3. Pardot: Salesforce’s B2B marketing automation solution that provides lead capture, nurturing, and scoring capabilities.
4. Unbounce: A landing page builder that integrates with various marketing tools to capture and manage leads efficiently.

Implementing lead capture automation

1. Choose the right tools: Platforms like HubSpot, Venturz, Marketo Engage, and Pardot offer robust lead capture features.
2. Create optimized forms: Ensure forms are user-friendly and strategically placed on high-traffic pages.
3. Integrate with CRM: Seamlessly integrate your lead capture tools with your CRM for efficient lead data flow.

Lead flow management

What is lead flow management?

Lead flow management refers to the process of directing leads through the various stages of the sales funnel. Effective lead flow management ensures that leads are nurtured and moved through the funnel efficiently, maximizing conversion rates.

Benefits of lead flow management

• Improved conversion rates: By managing leads effectively, you can increase the likelihood of converting leads into customers.
• Enhanced customer experience: Providing timely and relevant information improves the overall customer journey.
• Better Sales and Marketing alignment: Streamlined lead flow ensures that both Sales and Marketing teams are working together efficiently.

Implementing lead flow management

1. Define lead stages: Clearly define each stage of your sales funnel, from initial contact to final sale.
2. Automate lead scoring: Use lead scoring to prioritize leads based on their likelihood to convert.
3. Nurture leads: Develop targeted content and campaigns to nurture leads through each stage.

Lead management automation

What is lead management automation?

Lead management automation involves using software to streamline and automate the process of tracking, managing, and nurturing leads. This ensures that leads are handled efficiently and nothing falls through the cracks.

Benefits of lead management automation

• Efficiency: Automating repetitive tasks saves time and resources.
• Consistency: Ensures a consistent approach to lead management across the organization.
• Improved insights: Automation tools provide valuable data and insights into lead behavior and campaign performance.

Implementing lead management automation

1. Select the right platform: Choose a lead management automation or CRM software such as FluentCRM that integrates well with your existing systems.
2. Set up automated workflows: Create workflows to automate tasks such as follow-ups, lead scoring, and data updates. Tools like Sintra AI’s AI helpers can also support these workflows by handling repetitive operational tasks, helping teams stay on top of lead follow-ups, reporting, and day-to-day lead management more efficiently.
3. Monitor and optimize: Regularly review your automation processes and make adjustments as needed to improve performance.

Integrating marketing automation with lead management

Benefits of integration

• Holistic view: Gain a comprehensive view of your lead generation and marketing efforts.
• Enhanced personalization: Use data from your marketing automation platform to personalize lead nurturing campaigns.
• Streamlined processes: Integration eliminates silos and ensures that all teams have access to the same information.

LeadsBridge

LeadsBridge is an ActiveProspect product that automates your customer acquisition process by seamlessly integrating major ad platforms with your existing marketing technology.

With over 380 integrations available, you can drive new revenue and increase efficiency by syncing leads in real time, tracking online and offline conversions, and targeting custom audiences.

LeadsBridge partners with the top global advertising platforms, including Meta, Google, LinkedIn, and TikTok to provide unique benefits to users.

Unlike many integration platforms out there, LeadsBridge offers highly specific integrations to make your advertising and marketing experience seamless and headache-free. Our platform is designed specifically for marketing and advertising integrations, ready at the click of a button.

With LeadsBridge you can:

• Gain efficiency by ending slow and error-prone lead syncs
• Optimize return on ad spend (ROAS) by precisely targeting your ideal audience
• Enhance reporting by measuring the true sales impact of your online campaigns

Book a free demo now to see how LeadsBridge works.

Data appending and data enhancement

What is data appending?

Data appending involves adding missing information to your existing lead database. This can include contact details, demographic information, and behavioral data.

Benefits of data appending

• Improved targeting: More complete data allows for better segmentation and targeting.
• Enhanced personalization: Personalize your marketing efforts based on more comprehensive data.
• Increased efficiency: Reduce the need for manual data entry and improve overall data quality.

What is data enhancement?

Data enhancement involves improving the quality and accuracy of your existing data. This can include correcting errors, removing duplicates, and updating outdated information.

Benefits of data enhancement

• Better decision making: Accurate data leads to better business decisions.
• Increased ROI: High-quality data improves the effectiveness of your marketing campaigns.
• Compliance: Ensures that your data practices are compliant with regulations.

Implementing data appending and data enhancement

1. Choose a reliable data provider: Partner with a reputable data provider for appending and enhancement services.
2. Regular data audits: Conduct regular audits to identify and address data issues.
3. Use automation tools: Implement tools that automate data appending and enhancement processes.

LeadConduit

LeadConduit is an ActiveProspect product that streamlines your cost-per-lead (CPL) acquisition process to efficiently acquire customers at scale. Custom lead flows automatically enhance and filter leads in real time to deliver the highest-quality prospects to your CRM or lead buyer.

With over 100 readily-available integrations and add-ons, LeadConduit helps you:

• Increase your ROI by filtering and rejecting unwanted leads, and only accepting leads that match your requirements.
• Reduce fraud by eliminating fraudulent leads and known litigators.
• Onboard, test, and evaluate new vendors quickly.

Book a free demo now to see how LeadConduit works.

Ensuring marketing compliance

Importance of TCPA compliance

Compliance with the Telephone Consumer Protection Act (TCPA) is crucial in order to run your marketing campaigns safely and effectively. Non-compliance can result in significant fines and damage to your reputation.

The TCPA allows individuals to sue for actual monetary loss or $500 per violation, whichever is greater. This amount can increase to $1,500 per violation if the court finds that the defendant knowingly or willfully violated the TCPA.

Moreover, TCPA violations can lead to class action lawsuits where a large number of plaintiffs band together. This can multiply the financial penalties significantly, leading to potentially millions of dollars in damages.

Best practices for compliance

The best and most effective way to guarantee compliance is to consult with your legal advisor. However, here are a few best practices that can help you get started on your compliance journey:

1. Obtain consent: Ensure that you have prior express written consent from individuals before collecting their data and contacting them.
2. Provide transparency: Clearly communicate how you will use and protect their data.
3. Store proof of consent: Protect yourself from potential TCPA litigation by storing documentation of consent.

TrustedForm

TrustedForm is the ultimate compliance solution for documenting TCPA consent on digital lead capture forms, offering a number of products:

• TrustedForm Certify generates documentation of consent, allowing you to see a session replay that documents exactly when and where prior express written consent was obtained throughout a lead capture event.
• TrustedForm Retain guarantees certificate availability for up to five years, so you can easily access proof of consent in case you need it to mitigate TCPA litigation.
• TrustedForm Verify optimizes the consent capture process by enabling users to identify and categorize TCPA consent language for different lead vendors.
• TrustedForm Insights allows you to make informed decisions to optimize lead-buying strategies and maximize your ROI.

Conclusion

Effective lead generation requires a combination of strategies and tools, from lead capture automation to ensuring marketing compliance. By implementing the practices outlined in this guide, marketers can enhance their lead generation efforts, improve efficiency, and ensure compliance with TCPA regulations.

Embrace the power of automation and data enhancement to take your lead generation to the next level.

The post Lead generation & lead management automation guide for marketers appeared first on ActiveProspect.

 With consumer demand for residential solar on the rise, this partnership provides solar installers critical documentation of consent to contact online consumers.

BOSTON, Oct. 5, 2022 /PRNewswire/ — Colossus, a technology company that delivers quality solar leads to businesses across the nation, and ActiveProspect, a SaaS platform for consent-based marketing, announced their partnership to provide compliance solutions to companies in the residential solar industry.

With the biggest climate package in U.S. history set to boost consumer demand for rooftop solar, more homeowners will be interested in claiming tax credits and rebates to achieve energy efficiency and lower their energy bills. When marketing to consumers, solar installers will need to be aware of applicable state and federal telemarketing policies and regulations, even if they purchase solar leads from a trusted source.

“At the end of the day, if you’re the one reaching out to prospects by dialing data and it’s not compliant, you may be held responsible even if your vendor was at fault,” said Heather Griffin, Colossus Co-CEO & President. “Working with a marketing partner that follows permission-based lead acquisition models reduces fine risks and increases contact and conversion rates. Providing TrustedForm certified leads is one way we help mitigate legal risks while adding a layer of quality control for our partners who can rest assured that the leads we provide are legitimate and consensual.”

ActiveProspect’s TrustedForm provides independent documentation of consent to contact leads acquired through online marketing. Colossus provides TrustedForm certification for every lead, meaning that solar installers will receive all the information necessary to document a prospect’s interaction with a web page or contact form.

“Our partnership with Colossus continues to build on our strong foundation within the growing residential U.S. solar market,” said Steve Rafferty, founder/CEO of ActiveProspect. “As we continually onboard and expand our support for solar installers nationwide, it only makes sense that we team up with best in class platforms that are engaged in consent-based marketing and provide optimized, compliant marketing solutions.”

Complying with federal regulations such as the Telephone Consumer Protection Act (TCPA), which requires documented proof of consent prior to contacting consumers, can be complicated, with non-compliance resulting in costly litigation. TrustedForm protects companies from costly TCPA compliance violations by providing the highest standard of independent proof of consent available.

To learn more about growing your residential solar sales, visit Colossus.com.

About Colossus

Colossus is a technology company dedicated to helping businesses sell more solar. By matching residential solar providers with the right customers, Colossus helps solar companies grow their sales by delivering real-time solar inquiries. Top solar companies across the nation utilize the Colossus Marketplace to effectively fill their sales pipeline. Colossus drives results by partnering with solar sales teams to offer qualified solar leads and expert consultation to improve performance and help businesses close more solar sales.

About ActiveProspect

ActiveProspect is an Austin-based SaaS company on a mission to make consent-based marketing the best method for customer acquisition. Their comprehensive product suite empowers companies across industries to take real-time action on their leads, protect themselves from litigation by documenting proof of consent, and save money by providing new levels of data insights and control. For more information, go to www.activeprospect.com.

The post Colossus Partners with ActiveProspect to Certify Solar Leads appeared first on ActiveProspect.

Imagine you send a brand new discount offer to your existing customer base via text message as part of a new campaign. You expect some high conversion rates through this exciting new marketing channel, and at worst, a few unsubscribes.

Now, fast forward to a few months later. Suddenly, you’re hit with a $10 million fine for sending that very text message.

Why?

In this blog, we’ll explain why every D2C marketer using SMS messaging for marketing communications should be aware of the Telephone Consumer Protection Act (TCPA), and how to take every precaution to avoid costly litigation with protected SMS outreach efforts.

Over the past decade, Direct-To-Consumer (D2C) marketers have used email outreach to offer their customers and prospects promotions, discounts and alerts for new products. While email has become a successful marketing channel, its growing popularity has also created some issues. With nearly every D2C brand using email to communicate to their customers, inboxes are getting flooded daily – making it harder to get opens and stand out from the crowd. Additionally, marketing emails often don’t provide an opportunity for a two-way dialogue with consumers, which makes it more difficult to get feedback on their wants and needs from your brand. To increase the efficiency of your marketing emails, consider following DMARC policy to maintain a high level of security.

Luckily, there’s another marketing channel that solves all of these problems and creates opportunities previously untapped: SMS messaging.

Why SMS is the retail marketer’s next goldmine

As consumers grow more attached to their phone and bored of crammed inboxes, SMS has created a unique new opportunity for marketers. After all, the average person spends a whopping four hours per day on their mobile device and checks their phone over 150 times per day. Not only are consumers spending more time on their phones, but it’s also increasingly their preferred method of communication: More than 75% of consumers say they prefer to receive promotions via text messages than while browsing the internet or social channels. Consumer trends also show that they respond much more quickly to texts than email – 90 seconds compared to 90 minutes, respectively.

Source: Chatitive.

The variety of use cases for SMS are abundant. Texts can be used for a wide range of marketing purposes, from new user acquisition and remarketing and reengagement promotions, to creating a two-way dialogue between the brand and customers that builds stronger relationships. Ecommerce brands can even use texts to remind customers of abandoned shopping carts and increase conversions.

Teams route that reminder through an ecommerce purchase handoff so the link reopens the cart and keeps the payment step consistent.

The Catch to SMS: Potential TCPA Violations

Unfortunately, there is a danger to SMS outreach that D2C brands must be vigilant in preventing: Telephone Consumer Protection Act (TCPA) violations. TCPA legislation requires prior, express written consent for marketers to contact consumers via auto dialer or text message – an increasingly difficult challenge for D2C marketers looking to take advantage of the SMS channel.

Whether you’ve already entered into SMS outreach or are simply considering it, it’s important to be aware of the hefty fines you can incur if not appropriately documenting proof of consent. If a consumer files a complaint, the TCPA states that the burden of proof is on the advertiser. Even consumers who have previously opted in to your brand’s communications may forget and attempt a lawsuit. TCPA violations can cost anywhere from $500 to $1,500 per text. For example, if a business sent 10 text messages to one consumer, there is a potential statutory fine of $5,000 to a single consumer if they can prove a willful TCPA violation. These fines can increase even further if there are class action claims – which are increasingly being sought out by “professional TCPA plaintiffs” who offer consumers settlement shares if they bring violations to their attention through websites like these.

Big names from across the D2C industry have been hit for not taking the proper precautions in their SMS outreach. After sending unsolicited text messages with a discount offer to thousands of customers, Jiffy Lube was hit with a $47 million fine. American Eagle sent over 600,000 text messages to cell phones without consent, or after the recipient had opted out of future messages, resulting in a TCPA class action suit. In the end, American Eagle had to pay $14.5 million for its violation. Pizza Hut paid out $6 million in a settlement for sending out similar unsolicited texts, and Steve Madden paid out a class action settlement for $10 million after it sent text messages promoting a holiday sale on footwear and other products.

To help D2C marketers avoid these lawsuits and hefty settlements, ActiveProspect developed TrustedForm as the original lead certification product. It works by generating a unique certificate for each customer or prospect that is stored with each record, and includes a video replay of the prospect engaging with the web form. TrustedForm is considered the highest standard for documenting proof of TCPA consent for both outbound calls and text messages. With its video replay, marketers can easily pull the URL with video playback to dismiss a potential lawsuit before it ever becomes a problem.

SMS outreach – done with the proper TCPA precautions in place – shows incredible promise as a marketing channel in the D2C space. At ActiveProspect, our platform works to help D2C marketers take advantage of all outreach channels in a safe, cost-efficient, and scalable way.

To learn more, reach out to our D2C experts today!

The post How Retail Brands Can Take Advantage of Booming SMS Outreach – Safely appeared first on ActiveProspect.

Caskey Brings a 25 Year Track Record in Awareness Creation, and Top Line Revenue Growth to ActiveProspect

Austin, Texas—July 23, 2020 /PRNewswire/–ActiveProspect, the SaaS platform for consent-based marketing, announced today that Brian Caskey has joined the company as Chief Marketing Officer effective immediately. Caskey brings a diverse background in global marketing, awareness creation, and revenue generation to ActiveProspect where he will oversee all aspects of global marketing.

Caskey brings more than 25 years of experience developing high-impact awareness programs, advanced growth strategies and building highly effective marketing teams. In his most recent role as CMO at Kollective, Caskey developed marketing programs driving new awareness and aggressive pipeline growth. His track record of success includes CMO roles at UTStarcom, Zhone/Dasan and Vanguard CyberSecurity.

“Brian is results-driven with the right mix of strategic vision and practical expertise,” said Steve Rafferty, Founder and CEO for ActiveProspect. “He has a deep understanding of both B2B SaaS and Enterprise Marketing, combined with a strong track record of driving growth.  I’m confident he will have a major impact on the business as we continue our mission to make consent-based marketing the best channel for customer acquisition.”

About ActiveProspect 

ActiveProspect is an Austin-based SaaS company that helps companies acquire customers via consent-based marketing (opt-in leads). Our products are used by leading brands across many industries to efficiently and safely scale these types of campaigns. We give companies the insight and control needed to take real-time action on their leads – by paying the right price, filtering out leads that are unlikely to convert, and routing leads to the right place. In tandem, we help protect companies from Telephone Consumer Protection Act (TCPA) litigation by verifying and documenting proof of consent. For more information visit ActiveProspect.com.

The post ActiveProspect Names Brian Caskey as New Chief Marketing Officer appeared first on ActiveProspect.

ActiveProspect responded with a call in 54 seconds and a email in 1 second, while the average response time for this study was 17 hours and 17 minutes.  How did we do it?  A quick email response time is easy – we send real-time confirmation emails.  To be honest, I don’t know why everyone doesn’t do this.  For the call, our sales team gets a real-time notification for new leads.  However, we don’t use any outbound calling software or autodialers.  We rely on our sales team to be on the ball.

You can read more about the study by InsideSales here. In addition, these studies yield some very interesting data, including:

• Average response time is 42 hours and 43 minutes
• 50.2% of the companies never emailed or called back
• The average salesperson made 1.88 call back attempts

To quote from the article “When we pioneered the lead response study with Dr. James Oldroyd when he was working at MIT. He showed a lead has a 100x higher chance of being contacted and 21x higher chance of qualifying if contacted within 5 minutes compared to just 30 minutes.”

We’d like to thank InsideSales for spending time and resources on performing this research. We appreciate the efforts to inform and educate our industry.

The post ActiveProspect in Top 10 Fastest Responding Companies (Forbes) appeared first on ActiveProspect.