Partner Insights: The Impact of the FCC's New TCPA Rules on Lead Generation

The lead generation industry is a cornerstone for businesses seeking to reach prospective customers. The practice of lead generation is essentially collecting consumer information from consumers interested in specific products or services and distributing it to relevant businesses.

While the concept is fundamentally straightforward, the industry evolved over time to include players that indiscriminately sell personally identifiable information to multiple buyers, resulting in unwanted communications for consumers and challenges for marketers.

New TCPA regulations from the FCC were introduced that are designed to protect consumers from unwanted and illegal robocalls and robotexts. These new regulations will require many in the lead generation industry to make significant changes in the way they do business.

1. Closure of the Lead Generator Loophole:

The TCPA rules focus on ensuring that consent is obtained in a manner directly related to the context where the consumer provides their information. The new rule mandates obtaining separate consent for each business intending to contact a consumer. This ends the practice of using a blanket consent that covers multiple entities.

Now you must have explicit permission for each seller to reach out to a consumer. In the FCC’s words “lead generators must obtain consumer consent to receive robocalls and robotexts one seller at a time – rather than have a single consent apply to multiple telemarketers at once.”

2. Robocall and Robotext Restrictions:

The rules fortify measures against illegal robocalls and robotexts by extending Do-Not-Call list protections to text messages and empowering mobile carriers to block texts from identified scam sources.

Challenges and Business Adaptation
Implementing these rules presents challenges. While larger lead generation platforms may adapt at a significant cost, the requirement for one-to-one consent may not be viable for many existing lead generation businesses.

From a lead buyer perspective, the shift from broad consent to specific, individualized permissions may pose hurdles in market visibility and competition for smaller lead buyers that may find it difficult to compete with larger players in this new landscape.

On the other hand, this could lead to more targeted and consent-based marketing practices, potentially increasing the quality of leads and customer interactions.


The End of Ping Models
The new TCPA rules notably impact the Ping Post and Ping Tree models, widely utilized in lead generation.

Impact on Ping Post Model: The requirement for specific consent for each seller conflicts with the essence of the Ping Post model, which auctions leads to multiple potential buyers based on limited information.

Impact on Ping Tree Model: Similarly, the structured distribution of leads in the Ping Tree model without explicit consent for each transaction contradicts the rule's mandate for individual consent.

Adapting Strategies for Compliance
Businesses previously reliant on these now non-compliant models must pivot their lead generation approaches. Emphasis now lies on securing explicit, individual consent for every intended transaction, potentially leading to more direct and transparent consumer interactions.

SuperMoney: A Case Study in Compliance
The SuperMoney marketplace caters to financial services lead buyers spanning across more than 50 verticals. Recognizing a disparity between consumer intent and the practices of lead generators, the company made substantial investments in innovating its business model to prioritize consumer interests several years ago.

In verticals where SuperMoney generates data leads, the company implemented a distinct opt-in model tailored to specific companies. This enhanced customer experience centers around leveraging consumer input to streamline and tailor a curated list of options, effectively connecting them with potential service providers. Notably, consumers retain full control over which entities will receive their quote requests, empowering them in the decision-making
process.

Conclusion: Embracing Change for Enhanced Consumer Engagement
As the lead generation landscape evolves under the new TCPA rules, businesses are urged to revise strategies, aligning them with consumer-centric practices. This shift not only ensures compliance but also fosters trust and transparency, creating more meaningful connections between businesses and consumers.