As businesses prepare for the upcoming holiday season, a new set of guidelines has emerged to help organizations navigate the complexities of obtaining consumer consent. The recently introduced Queenie’s Ten offers a comprehensive checklist aimed at ensuring compliance with the Telephone Consumer Protection Act (TCPA). This initiative comes in response to increasing scrutiny from regulators and legal professionals regarding how consent is acquired, particularly through third-party lead generators.
Understanding the Shift in Consent Requirements
For years, companies relied on the Troutman Nine, a foundational guide detailing the necessary elements of securing prior express written consent (PEWC) under the Code of Federal Regulations (CFR). While this checklist provided a basic framework, it has become clear that simply adhering to the language of the disclosure is no longer sufficient. Today’s regulatory landscape demands a deeper examination of the entire consent process.
Businesses must now consider not only the wording of consent disclosures but also the methods used to obtain them and the user experience throughout the process. This is particularly relevant when consumers agree to be contacted by multiple sellers for various products or services. Historically, a simple click on an “I agree” button sufficed, but that approach is rapidly becoming outdated.
Regulatory bodies and plaintiffs’ attorneys are increasingly rejecting consent obtained through deceptive website designs, often referred to as “dark patterns.” These tactics, once commonplace in the industry, are now viewed as manipulative and potentially unlawful. This shift underscores a broader movement towards enhancing transparency and empowering consumers to make informed decisions in their online interactions.
Introducing R.E.A.C.H. and Queenie’s Ten
In light of these changes, the Czar of TCPA compliance has introduced a new framework called R.E.A.C.H., which stands for Responsible Engagement and Consent Handling. This initiative aims to establish clear, enforceable standards for lead generation that prioritize transparency and accountability. By adhering to these guidelines, businesses can mitigate risk and foster trust with their consumers amid heightened scrutiny.
To complement the Troutman Nine, Queenie’s Ten has been developed as a set of best practices for the structure and presentation of website disclosures. This checklist is designed to ensure that consent is not only legally robust but also user-friendly and defensible in the current TCPA landscape. The principles outlined in Queenie’s Ten will guide businesses in creating a more transparent and compliant consent process.
As the digital environment evolves, understanding and implementing these new guidelines will be crucial for businesses aiming to maintain compliance and build lasting relationships with consumers. The introduction of Queenie’s Ten marks a pivotal step toward a more responsible and ethical approach to consumer consent.
