shot , and prudent companies will take the FTC at its word and stop using prerecorded calls for marketing purposes in connection with purchased leads .
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2 . LOOKING FOR BETTER WAYS TO DRIVE TRAFFIC TO FIRST-PARTY SITES
While the FTC ’ s guidance is limited to prerecorded marketing calls , a parallel NPRM proceeding before the FCC may expand the reach of the FTC ’ s new “ direct consent ” rule to other channels , including text messages and even manual calls to numbers on the DNC .
While plenty of folks are still in denial , smart businesses are already preparing for a new potential lead generation paradigm and looking to position themselves to drive traffic with smart media buys and engaging — lawful — content .
There may still be room for affiliates in the post-NPRM world , but they will no longer drive consents on third-party forms or via transfers . Those days may be gone very soon . And even companies that are not sure which way the wind might be blowing need to have multiple strategies in place to make sure true first-party consent is something they can deliver .
3 . CLEANING UP MISLEADING OR DECEPTIVE PIECES OF THEIR FUNNEL
Beyond shutting down lead sales , the FTC is hyper-focused on assuring the consumer has a transparent path to obtain information or goods and services without being tricked into providing unnecessary information or consent . While a business is still free to collect and share data — assuming its privacy policies are up to date and not misleading — the days of duping consumers into less friendly paths or trapping or tricking consumers into providing consent or information are over .
While most legitimate businesses will avoid these tactics anyway , there has been a real “ race to the bottom ” apparent in the digital marketing world for a few years now where everyone tested just how much they could get away with . Mercifully , this trend now seems to be reversed as lead buyers — pushed on by initiatives like R . E . A . C . H .— have engaged in a flight to quality , and smart digital and performance marketers are cleaning up their act in response .
4 . PREPARING TO CHARGE ( AND PAY ) MORE FOR LEADS
The pricing consequence of all the regulatory changes we are seeing in the ecosystem have not yet hit , but they will — and soon .
Smart lead buyers and sellers will know it is coming . Smart lead buyers will adjust and recognize that CPA may stay the same ( or even improve ) with better leads , even if the cost of leads as a unit will now increase . And smart lead sellers — who are complying with industry-best practices and staying ahead of the curve — should not be shy about charging more for compliant leads .
If the lead is cheap , the buyer needs to wonder why . And a seller should not be shy about explaining why an expensive lead is expensive — fraud detection , third-party witness verification , and legal reviews for compliance are necessary but also expensive . And that ’ s a cost that should ultimately be passed on to
THE PRICING CONSEQUENCE OF ALL THE REGULATORY CHANGES WE ARE SEEING IN THE ECOSYSTEM HAVE NOT YET HIT , BUT THEY WILL — AND SOON .
the lead buyer . Lead sellers should be honest and transparent about this .
5 . GATHERING AS MUCH INFORMATION AS POSSIBLE — FROM TRUSTED SOURCES
As with any paradigm shift , there will always be inertia , but the opportunity is in being proactive as conditions start to shift . To make the most of this opportunity , smart businesses are starving for actionable information and devouring it .
For instance , our blog , TCPAWorld . com — probably the most trusted marketing law blog on the planet — has seen a massive spike in readership this year , and that is no coincidence . The more things change , the more reliance on trusted advice increases .
But a blog ( or this magazine )— no matter how incredible — is no substitute for the professional advice provided by consultants and lawyers . Smart businesses are hiring knowledgeable folks with proven track records of success to help provide actionable guidance .
Ultimately , nothing is more valuable in an environment like this one than information , knowledge , and judgment .
The Czar is always available to chat .
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