strategy | tips | reg f

How Do I Know If I Have The Right Kind Of Consent?

nov. 26, 2021 | by Emily Faracca

how do i know if i have the right kind of consent

In the last episode of our Reg F Mini Series, Tim walks through his take on how to know if you have the right kind of consent for omnichannel communication. 

There is no “one-answer-fits-all” solution to consent. To put it a different way, Tim poses a question: Do you ask for consent before you send a letter to a consumer, or manually dial? You most likely don’t.

So, before we dive in, determine what kind of consent you need, and why. Once you decide, and in conjunction with your legal counsel, Tim explains how you can wrap your mind around why “the right kind of consent” really comes down to a conversation about risk.

Understanding Consent Rules

To understand consent for omnichannel communication, you first have to understand that much of your preparation will be a process of measuring risk.

With texting as the main exception, all other channels (calls, letters, emails, social media) under Reg F all comes down to a few different types of risk.

  • Litigation Risk: Tim explains that there is no way for us to know how exactly Reg F will be enforced, but all of the changes will most likely lead to a significant wave of litigation.
  • Reputational Risk: Tim explains how being one of the first organizations involved in Reg F litigation will experience an impact to their reputation.
  • Organizational Risk: A lot of big changes, all at once, to your agency’s operations might pose a risk to your retention, productivity, or engagement.
  • Financial Risk: As with any decision related to compliance, there is always a risk that your revenue will be impacted.

Tim explains that the best thing you can do, once you understand the risk, is to do all you can to mitigate it. Lean on your vendors and compliance team to protect your agency from risk as much as you can.

After you have mitigated and transferred risk as much as possible, focus on consumer-centric messaging. Be earnest in your outreach. Make sure your systems respond quickly to opt-outs.

Be genuine in your efforts to find out what a consumer’s preference is so you can communicate with them via that channel.

This information does not, and is not intended to, constitute legal advice; instead, all information is for general informational purposes only.

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