For those of you that trade leads in the USA, the 1-2-1 FCC Consent Ruling requires that you collect individual explicit consent from the customer before passing leads to your Lead Buyers.  Invariably, your opt-in process will need to change and align with the ruling.

From the conversations that we have had with our customers, interpretation varies somewhat on what is acceptable so we think it is important to get legal advice before you make any decision.  In the meantime, we aim to provide you with some guidance and outline what solutions LeadByte can provide.

 

Consent Interpretation

Our interpretation is that you need to collect individual explicit consent from the customer BEFORE sending to your Lead Buyers; an opt-in, rather than an opt-out.  The ruling suggests that individual consent needs to be given; however, some interpret that a “select-all” consent option is likely plausible so long as it is clear to the customer who they are giving consent to.  This is not LeadByte’s interpretation,  we would advise that you seek legal advice regardless.

 

Visual Consent Interpretation 

The images that follow aim to provide you with a visual on how consent may look when you sell leads to one Buyer or if you have many Buyer on your panel that may qualify for receiving the lead.  Note: These are examples and LeadByte’s interpretation so they should not be considered a lawful sign-off including the TCPA text.

 

When you only work with one Buyer: In the event that you only work with one Buyer, consent would be a simple update at point of form submission.  In the example below, the consent is given when the customer clicks “See if you are eligible”.  You may wish to consider adding a tickbox and only when that is ticked may the customer proceed.

 

 

 

When you work with multiple Buyers: In the event that you work with multiple Buyers, you will need to provide the customer with the option to consent to one or all Buyers at point of form submission.  In the example below, the consent is given when the customer opts-in to a Buyer by ticking the box and clicking “Submit & Agree”.  Providing the customer with the option to Select All will make life easier for the customer if there are many Buyers.

Note: If the customer gives consent to one Buyer, it is important that you only send the customer data to that one Buyer.  LeadByte will automatically do this for you, you can read more below. 

 

How to implement this into your form/funnel

Code changes will be required, regardless.  The complexity of the job will depend on the solution you choose.

Solution when working with one Buyer:  If you only work with one Buyer, this is a simple update to your form.  The consent would be static as it is only ever the one Buyer that you need to present on your form.  

Solution when working with multiple Buyers: If you work with multiple Buyers you have one of three options in our view.  Your choice may be subject to how complex your lead distribution is.  

1. Option 1: You list all the Buyers on your form by default.  Although this is simple to implement you do run the risk of showing Buyers that may not qualify / want the lead.  
2. Option 2: You would hide/show Buyers based on the data that has been collected on the form.  For example, if you have 5 Buyers and you know that one Buyer will not accept leads in a specific geographical area then you could hide/show based on postcode collected.  Simple scripting will enable you to do this.  It will however be challenging if routing leads to Buyers depends on multiple factors i.e. more than just one field, schedule (day/time), quota, balance on wallet etc.
3. Option 3: You hide/show Buyers based on a real-time response from your Lead Distribution Software, LeadByte. When using LeadByte all of your Buyer contract conditions are available by calling our API.  We provide you with the Buyers you should show based on the data you have collected and the other factors as previously mentioned i.e. does the Buyer have an available balance and is it the right time of day.  with this option you will need to work with our API and be sure that the form/funnel builder you are using can call an API and handle a response.  If you have custom built forms that you have coded yourself, this is a relatively simple job for a front-end developer.

 

Solutions (Overview)

LeadByte Buyer Contract Checker

You can query what Buyer Contracts (Deliveries) would qualify for processing before a lead is submitted by calling our API.  In doing so, we will return a list of the qualifying Buyer Contracts so you can collect dynamic consent on your page from Buyers that you know the lead will be processed against.  You can read more here: Handling 1:1 Consent using our REST API

This solution is suitable for those that want to customise their consent journey based on real-time Buyer signals.

Conversion Hero Consent Management

ConversionHero.io has integrated (the above) with LeadByte resulting in a solution that does not require any coding.  Consent is handled by Conversion Hero, which streamlines the process of dynamic consent .  Once a consumer submits their form, the data is instantly posted to Conversion Hero Consent. Conversion Hero Consent redirects the consumer to a flow hosted by the platform, which you can customize.

Watch how this works here: INSERT

Compatible Form Builders

We have trialled and tested the the following and have published videos with each builder on our YouTube Channel Here

 

Click on the name of the form builder you're interested in to see the specific video we've recorded.

SCR = Able to do scripting to show consent options.  DCA = Dynamic Consent using API.  CHC = Supports Conversion Hero Consent 

 

FAQ

Q: Do I need a tick box for each Buyer?

A: If you only work with one Buyer, we think not.  If you work with multiple Buyers and you are showing more than one Buyer then, YES!

Q: Do I need to present TCPA text for each Buyer?

A: Yes.  If you have default text then you should check with your Buyer if it is suitable.

Q: How do I ensure that I only send the lead to the Buyer(s) that the customer has given consent to?

A: If you use LeadByte, you can pass-through the consent collected and LeadByte will route it accordingly.

Q: Can I limit the number of Buyers to the customer?

A: Yes, for example, you may decide that you only wish to show a maximum of 3.  We advise that you seek legal advice on how to decide.  It is noted in the ruling that the customer should not be influenced based on which Buyer pays you the most.

Q: If the customer consents to a Buyer but the lead is rejected, can I resell the lead?

A: Nope!  That is not to say you can not send the customer communication from your own brand.  A good reason to own and operate brands.