Proof-of-Consent Technology
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Consent you can’t prove is consent you don’t really have. Proof-of-consent technology — services like TrustedForm and Jornaya — captures a tamper-evident record of how, when, and to what a consumer agreed at the moment of opt-in. For lead generators and buyers alike, that record is often the difference between a quick dismissal and an expensive fight. This cluster explains how the tools work, what they do and don’t prove, and how to build them into a funnel.
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Frequently Asked Questions
What do TrustedForm and Jornaya actually do?
These services capture and store evidence of a consumer’s interaction with a lead form — what the page said, what was disclosed, and that the consumer took the action — and give you a reference you can produce later. They turn a fleeting on-page moment into a durable, reproducible record of consent, which is exactly what you need when a call is challenged.
Why does a consent record matter so much?
Because the burden of showing consent typically falls on the party that made the call. If all you have is "the lead came with a consent flag," you may not be able to reconstruct what the consumer actually saw and agreed to. A proof-of-consent record lets you show the real disclosure and interaction, which is far more persuasive than a checkbox in a spreadsheet.
Does capturing proof of consent make me compliant?
No single tool makes you compliant. Proof-of-consent technology documents consent; it does not fix weak disclosures, unlawful calling behavior, or do-not-call failures. Think of it as the evidence layer on top of sound consent and calling practices — necessary for a defensible program, but not a substitute for getting the underlying practices right.
The Operator’s Compliance Brief
What changed in lead-gen compliance, and what to do about it. Free, no spam.
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Key Terms to Know
Established Business Relationship (EBR)
A relationship based on a consumer’s prior purchase or inquiry that can, in defined circumstances, support certain calls. An EBR is narrower than many operators assume and does not substitute for prior express written consent where the TCPA requires it.
Prescreen Opt-Out
A consumer’s right to opt out of prescreened firm-offer solicitations under Regulation V (12 CFR § 1022.54) and the FTC rule (16 CFR Part 642), via 1-888-5-OPT-OUT / optoutprescreen.com. HPPA did not change this right.
Prior Express Written Consent (PEWC)
The TCPA standard for autodialed or prerecorded marketing calls and texts to a mobile number: a signed written agreement, with clear disclosures, that authorizes the specific caller to contact that number. It is the spine of clean telemarketing.
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The Operator’s Compliance Brief
What changed in lead-gen compliance, and what to do about it. Free, no spam.