FTC Updates to Telemarketing Sales Rule (TSR) - B2B Focus:

[saddammolla]

Key Aspects of FCC Rulings Affecting Lead Generation (Still in Effect or Emphasized):
Clear and Conspicuous Disclosure:

Rule: When obtaining consent for automated calls or texts, disclosures must be "clear and conspicuous," readily apparent to a reasonable consumer, and not hidden in fine print or behind hyperlinks. Consumers must be informed that they will receive robocalls or robotexts.
Implication for B2C & B2B: Lead forms and consent language must be highly transparent. Generic or vague disclosures are unacceptable. This applies to both B2C (e.g., consumer comparison sites) and B2B (e.g., forms for whitepapers where automated follow-up calls are implied).
Logical and Topical Relationship (Still Important for Relevance):

Rule: Even though the "one-to-one" aspect was vacated, the underlying principle of relevance remains. If a consumer gives consent, the resulting communications should still be "logically and topically related" to the website interaction that prompted the consent. For example, consent given for a car loan inquiry should not be used to market unrelated debt consolidation services without separate, specific consent.
Implication for B2C & B2B: While shared consent models can continue (for now), businesses still need to ensure their outreach is relevant to the consumer's expressed interest. This means more targeted marketing and less "daisy-chaining" of leads to entirely unrelated sellers.
National Do Not Call (DNC) Registry Protections Extended to Text Messages:

Rule: It is now explicitly illegal to send marketing texts to numbers on the National Do Not Call Registry without prior express invitation or permission.
Implication for B2C & B2B: This is a significant change for SMS marketing. All businesses engaging in text message lead generation and nurturing must actively scrub their lists against the DNC Registry. While the DNC is primarily for residential numbers, mobile numbers (even those used for business) can be on it.
Revocation of Consent:

Rule: Consumers can revoke consent by any reasonable method (e.g., text, phone, email). Businesses must honor and process these "Do Not Contact" requests "as soon as practicable" and within no more than 10 business days after receipt.
Implication for B2C & B2B: This places a heavy burden on businesses to have robust systems for managing consent and opt-out requests. Failing to quickly process revocations can lead to significant penalties. This applies to all automated outreach, regardless of the B2C or B2B context.
Record-Keeping Requirements:

Rule: Lead buyers (brands) must maintain documentation of consent and cannot solely rely on documentation held by lead sellers. The burden of proof for consent lies with the caller or texter.
Implication for B2C & B2B: Businesses must implement rigorous record-keeping practices. This often involves using consent management platforms (CMPs) or specialized lead verification tools (like ActiveProspect's TrustedForm) that can provide immutable records of the consent event, including a visual representation of the webform interaction. This is crucial for both purchasing B2C consumer leads and acquiring B2B contacts.


Rule: While the TCPA primarily governs calls and texts using automated technology, the FTC's Telemarketing Sales Rule (TSR) also applies to telemarketing. The FTC has extended the scope of the TSR to allow investigation and action on deceptive B2B calls. However, it's important to note that Do-Not-Call protections under the TSR were generally not extended to B2B calls, unlike consumer calls.
Implication for B2B: While B2B calls typically have fewer restrictions than B2C ghana phone number listunder the TCPA (especially concerning ATDS use), B2B marketers must still ensure their practices are not deceptive and adhere to general ethical guidelines and state-specific B2B DNC lists where applicable.
AI Technologies & Robocalls/Robotexts:

Rule: The TCPA now explicitly applies to AI technologies that generate human voices on a call. The FCC is also exploring potential rules for AI-generated text messages and authentication protocols.
Implication for B2C & B2B: As AI voice and text generation become more sophisticated, businesses using these for lead generation must ensure they maintain full TCPA compliance, especially regarding consent and disclosure. Using AI to mimic human voices for telemarketing purposes requires the same level of consent as prerecorded messages.
General Implications for B2C and B2B Lead Generation:
Shift Towards Quality Over Quantity: Even with the "one-to-one" rule vacated, the overall regulatory environment strongly encourages a focus on higher-quality, genuinely interested leads. The risk of fines and lawsuits for non-compliance makes it imperative to invest in ethical and compliant lead acquisition.
Increased Due Diligence with Lead Providers: Businesses buying leads must vet their lead sources rigorously to ensure the consent obtained is compliant with current regulations and that proper records are maintained. This is true for both B2C consumer leads and B2B contact lists.
Enhanced Compliance Infrastructure: Investing in CRM systems, consent management platforms, and lead verification tools is no longer optional but essential to manage consent effectively and maintain audit trails.
Training and Internal Processes: Sales and marketing teams need to be thoroughly trained on TCPA rules, consent management, and proper communication practices to avoid violations.