TCPAWORLD UNIVERSITY: Stuff That Will Get You Sued Edition

So I came across this website today.

Here is the form:

Form promises “get free quote now.” And promises a consumer they can compare premiums between “All the Major Carriers.”

Now you already know before I push the button that you’re not going to get a “free quote” from “all the major” anything. But that’s small potatoes compared to the real issue with this website.

Notice the exceptionally elegant disclosures below the button. No TCPA consent disclosure right? (And yes, this is the entire form–I have not cropped out any of the content.) Consumer is just accepting a privacy policy and terms of service–neither of which can serve as a conspicuous written express consent disclosure under the CFR.

So you push the “Get Free Quote Now” button and guess what happens? You see this disclosure–that only pops up AFTER you provide your phone number and hit the button:

Its a great disclosure. Unfortunately it only displays after the consumer has already hit the “Get Free Quotes Now” button.

You don’t have to be a fortune teller to predict what a court will do with this flow.

This is another example as to why lead buyers need to be paying very close attention to the format and flow of websites–and not just looking at disclosure language. Some publishers apparently think this sort of thing is sufficient to obtain express written consent…

Be careful out there TCPAWorld.


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