What Is Changing?
Due to updated FCC regulations involving the Telephone Consumer Protections Act (TCPA), home services professionals, including those using leads from Modernize, are now required to have obtained prior express written consent (PEWC) from consumers before reaching out by phone or SMS.
To ensure compliance, Modernize has made enhancements to its lead generation process. While these requirements formally take effect on January 27, 2025, Modernize has already incorporated consent collection as a part of our existing lead generation practices. From a technical standpoint, we do not expect or anticipate major overhauls to our Modernize systems or our partners’ systems.
We will store 1-to-1 consent for every consumer and the specific brand they are engaging with. This consent will be securely recorded and available with each lead delivery, providing transparency and traceability for your legal needs. Any partner can request that their consent record be included with their lead delivery for added assurance.
Our Approach to Consent Management
Our approach involves a pre-selected checkbox that varies based on the consumer’s inquiry type and their position in the sales funnel. All varying experiences include TCPA consent text, with the partner pre-selected prior to submission, confirming their agreement to be contacted. Additionally, all submissions will include a Trusted Form token of that submission, ensuring compliance for QuinStreet, operating as Modernize.
Consent can be written or verbal, as long as it is recorded and tracked in your system. Our methods guarantee that, regardless of how consent is obtained, it is properly stored and verifiable.
For phone interactions, if a consumer consents to be matched with a partner, we record the call and confirm their agreement to receive communications (calls, emails, and texts) from the matched partner. The consumer verbally consents to this before we proceed.
Each time a consumer selects a partner, they also agree to our TCPA consent text. These experiences may display up to four partners, ensuring the consumer is aware of and consents to communication from any of the selected options.
For media supported through our affiliate network, affiliates use a consent API that displays partner names within their user experience. Affiliates do not control the display of these names, as they are managed through our Client Profile API. Client profile names can be updated through a custom URL or by contacting your account manager.
Affiliates are strictly managed and monitored according to our ad copy guidelines and submission standards. Each submission is logged with a TrustedForm token to ensure compliance. Every submission also includes upfront TCPA consent for the displayed partners prior to completion.
How Will I Know If a Lead Form on Modernize Has Consent?
Modernize has proactively adapted to these regulatory updates, testing various consumer experiences so that providers can easily obtain consent across our platforms. We’ve developed a Consent Capture Service, which stores detailed records of consumer consent. This system logs the date, time, and method of consent, along with whom the consumer has given permission to contact them.
For your convenience, Modernize has added new optional data fields to lead delivery systems:
- hasConsent: [True | False]
- consentCaptureId: [numeric]
If hasConsent is marked as “True,” you can trust that Modernize has captured and stored the required consent for that lead. The associated consentCaptureId provides a reference point for that consent record, which is securely retained by Modernize.
Contact your Account Manager if you would like to have these fields added to your lead delivery.
The ActiveProspect TrustedForm token will remain available as an optional tool, although it is not required to maintain compliance. We will continue to store compliance certificates for all leads sourced through our platforms.
If your CRM has different naming requirements or other delivery requirements for any of the information or fields above, our account management team is happy to work with you.
What Is Modernize Doing With Its Partners to Ensure Compliance?
Modernize has worked closely with our partners to ensure that they are aligned with the new consent requirements. Our partner APIs have been updated to include the necessary information for capturing consumer consent, creating a seamless integration across platforms.
What Can Modernize Partners Do To Prepare?
These simple changes are impacting the entire industry, both vendor and service provider, and we want to make sure we both have the necessary information to stay compliant. Here are several steps you can take to prepare:
- Confirm/Update Your Display Name: Verify that Modernize has the correct information for your organization, as this will appear when consumers are asked to provide consent for you to contact them. The Display Name refers to the name you want displayed when the user gives consent.
- (Optional) Update Your Lead Delivery: If you would like to incorporate the new hasConsent and consentCaptureId fields into your CRM or lead delivery system, please contact your account manager to plan any necessary updates. While this step is optional, Modernize will store consent records for all leads, even if you choose not to make changes to your current system.
- Gather Consent and Review With Your Legal Team: To streamline your process and support future remarketing opportunities, we recommend obtaining 1-to-1 consent from consumers when receiving a shared lead. This is an additional measure to confirm remarketing consent for future use. Establishing strong relationships with your customers and maintaining lifetime value is critical. This step helps maintain compliance while still capturing leads. Updating your process to include 1-to-1 consent now can help bridge any compliance gaps.
Additional Improvements to Support Our Partners
We’re continually expanding our services to better support our partners. This includes the introduction of Live Transfer and Inbound Calls, designed to improve the homeowner’s journey and ensure smoother connections between homeowners and Modernize partners. These FCC-compliant features make it easier for homeowners to reach you directly, enhancing both the homeowner and partner experience.
