Navigating FCC Regulations: A New Era for Ping Post

Navigating FCC Regulations: A New Era for Ping Post

Ping Post, a vital tool for lead generators selling to multiple buyers, faces a turning point with the upcoming FCC ruling. In response to these regulatory changes, there's a potential workaround that can keep the ping post method alive and compliant.

Understanding the Regulation:

The proposed FCC ruling brings significant changes to the lead generation landscape. It clarifies that texters and callers must obtain a consumer's prior express written consent from a single seller at a time. This rule aims to close the lead generator loophole that allows consumers to receive robocalls and robotexts from numerous sellers simultaneously.

Effective Date:

The FCC will vote on the rule at its next open meeting on December 13, 2023. Following the vote, the rule will be published in the federal register, likely in February, and is set to go into effect around August 2024.

Introducing Dynamic Consent:

Dynamic consent emerges as a solution to address these regulatory changes and provide consumers with one-to-one consent. However, this approach requires adjustments to the traditional ping post process.

The Current Ping Post Process:

Currently, lead generators send non-identifiable information to potential buyers, aiming to solicit bids for leads. After securing the highest bid, the lead generator proceeds to sell the lead, including all the consumer's information.

Implementing Dynamic Consent:

To implement dynamic consent effectively, lead generators must adapt their approach. Once the lead generator collects the correct Personally Identifiable Information (PII) and other necessary data through their form, they should ping all potential buyers with a hashed email and phone number, along with the non-identifiable information needed for bidding. This inclusion of hashed email and phone numbers allows potential buyers to determine if they already possess the lead, enabling them to abstain from bidding.

Final Confirmation Page:

The lead buyer with the highest bid should have their TCPA (Telephone Consumer Protection Act) information dynamically displayed on the lead generator's final confirmation page. This step ensures proper one-to-one consent with the consumer.

Technical Implementation:

Implementing this workaround requires a tech push from both the lead generator and lead buyer sides. The lead generator must be capable of making API calls and dynamically displaying the highest bidder's TCPA information. The lead buyer, in turn, must be equipped to accept a ping with a hashed email and phone number to prevent bidding on leads they already own.

Price Considerations:

It's essential to recognize that lead prices may be impacted. Since the lead generator can't sell the lead to the second-highest bidder if the original highest bidder rejects it, they may demand higher Cost Per Lead (CPL) rates. Additionally, they may scrutinize the highest bidders who frequently reject full leads, as this can result in revenue loss.

How Can Lead Prosper Help?

Should the ruling pass and this approach become acceptable, Lead Prosper will swiftly develop the technology to support it. If you're a lead generator concerned about your business's future and need a way to provide one-to-one consent when dealing with multiple buyers, we'll have the technology ready to assist you.

In conclusion, while the FCC regulations present challenges for ping post, it can remain a viable option if done right and in compliance with the proposed dynamic consent approach. Navigating these changes will require adaptability and technological enhancements, but with the right solutions, ping post can continue to thrive.