The Federal Trade Commission (FTC) last year adopted an amended Telemarketer Sales Rule (TSR) citing consumer protection against unwanted marketing communications. As of Dec. 1, 2008, prerecorded sales calls must provide an easy opt-out feature.

More significant, beginning Sept. 1, 2009, automated sales communications can be delivered only to those recipients who have provided their “express written consent” to receive them. Having an existing business relationship will no longer suffice as sufficient approval for organizations to try to sell goods or services via an automated, prerecorded message.

The FTC Telemarketing amendment is a unique opportunity for organizations because it combines both critical and strategic issues: the urgency of a time deadline (i.e. they must obtain permission by Sept. 1) and a strategic opportunity that can affect long-term success by enabling more targeted, effective marketing.

For certain the amended TSR rule is a game changer. Organizations must act quickly to maximize the percentage of consumers that they will be able to cost-effectively market to via automated calls.

Customer communications and brand loyalty

Companies establish a brand impression with their customers – the better and stronger the brand impression, generally the more profitable the relationship for the organization. Customer communications plays a major role in forming that brand impression. Yet how many organizations really know how their customers prefer to be communicated with? And under what circumstances?

For example, if you are running a special sale on an item a given customer might be interested in purchasing – would he or she prefer to find out via an e-mail? Voice message? Text message? Direct mail? Some combination? What if you wanted to make a special offer to members of your loyalty/reward program – how would your customers want to hear about this offer?

Each consumer has his or her own communication preferences. Some want to receive emails, others voice messages, others text messages, and others would prefer to be called on their cell phones.

And many would prefer to receive communications through a combination of channels. You have to ask consumers directly how they want to be communicated with so that you can develop a communication strategy that encompasses their preferences.

Communications are all about getting consumers to act. And here’s the point: if you know in advance what their preferences are, you will be in a much better position to have your communications “breakthrough” and be acted upon. This will mean more market share, more revenue, more profit.

As an organization determines the individual communication preferences of its consumers, it can then secure express written consent from these consumers. As a result, these marketers will be well positioned to deliver relevant information to consumers who have expressed an interest in their products or services.

The opportunity is now

Seize this opportunity and create a formal consumer communication preference and opt-in program. The requirement to gain permission by Sept. 1, creates an urgency to do so. The value of understanding consumer preferences should create a strategic drive to do so.

Here are some questions to consider:

--Do you have contact information for your customers and prospects?
--Is this contact information complete and updated – for mobile phones? E-mails? Landlines?
--How do you keep contact information updated?
--Do you understand your consumers’ communications preferences? Text messages? E-mail? Voice messages? Direct mail? Live agents?
--Do your consumers’ communications preferences vary by the situation? Service reminder vs. special sale offering vs. loyalty program update vs. fraud notification?
--How do you track and update your consumers’ evolving communications preferences?
--Can your entire organization access your consumers’ communications preferences?
--What’s your company’s plan to handle the Sept. 1 telemarketing rule changes?

Those that act swiftly and with purpose in creating a formal customer communication preference and opt-in program will have a head start in building a targeted, qualified list of customers who want to hear from you and will welcome your communications. After all, it’s all about customer choice, so aim to deliver your communications to those who want to receive them, how they want to receive them.

Mark Friedman (mfriedman@soundbite.com) is chief marketing and business development officer for SoundBite Communications.