On Point

FCC has made it official - AI is an artificial/pre-recorded voice under the TCPA. https://lnkd.in/gzHJvnwS

The FCC's recent ruling on the TCPA's express consent definition received significant attention, but another crucial decision was made in December regarding data breach notification requirements. Wireless carriers and VOIP service providers are now federally mandated to notify government officials of any data breach within 7 days and consumers promptly if the breach may result in harm. The rule applies to any unauthorized access or use of data linked to a specific individual, and even minor inadvertent disclosures require notifications, without a good faith exception. https://lnkd.in/gVZ6vP_E

The FCC's latest move, outlined in a Second Report and Order on November 22, 2023, signals a significant shift in rules governing the Telephone Consumer Protection Act (TCPA). Proposed rules set for consideration on December 13, 2023, could reshape how businesses engage with consumers. The key change is a requirement for businesses to secure prior express written consent from a consumer for calls and texts made using automated systems, limiting consent to "a single seller at a time." This targets the prevalent "Lead Generator Loophole," impacting lead generation and comparison shopping websites. Additionally, the proposed rules extend Do-Not-Call provisions to text messages, mandate prior express invitation for calls and texts to numbers on the DNC Registry, introduce a "block-upon-notice" requirement for certain providers, and encourage email-to-text opt-in services to combat fraudulent messages. These proposed changes aim to enhance consumer protection but pose challenges for businesses and consumers alike.

There is a lot to unpack in the FCC's new ruling. The ruling states that the express consent by a consumer can only be applied to ONE specific provider of goods or services. One question currently being raised is - if there is a company with multiple subsidiaries - would the consumer only need to permit consent to the parent company? An example of this would be for insurance brokers. It seems that if the consumer consents to receiving calls from Allstate, an independent broker calling them could not offer any type of coverage other than Allstate's. This new ruling will certainly cause trouble for many small businesses. https://lnkd.in/g6v_w9Qd

Attention all lead generators/telecommunications companies!! Stay vigilant about new TCPA rules - their newest bill could cause jail time for violators - and doubled fines. https://lnkd.in/gGFE_kQk

Here is something to think about if you are a lead generator: the FCC has proposed a new rule that states lead generators must obtain a consumer's prior express written consent from a single seller at a time. For example: if a lead generator collects leads from a website, that website should offer a consumer a check box list that allows them to specifically choose each individual seller they wish to hear from. This new rule has not been approved yet and will be voted on in December 2023. If it is passed, the new rule would go into effect around August 2024. https://lnkd.in/gJAcrwgX

NPAS Solutions, LLC was just stuck in a lawsuit for calls that they claim they didn't even make. The Plaintiff argued that she received a voicemail from an entity called NPAS, so she assumed it was NPAS Solutions, LLC, which she requested to be on their DNC list. NPAS Solutions countered that a totally different company called NPAS, Inc. most likely made that call, but the Court still ruled in favor of the Plaintiff. Read more about this mind-blowing case below: https://lnkd.in/gyzjX8s9

Rocket Mortgage is entangled in a lawsuit once again, for not honoring a do not call request (allegedly). In this case, the plaintiff has stated that the defendant continued calling her 27 times within a 10 day period, AFTER she requested to be put on the do not call list. https://lnkd.in/g4e24smY

In the case of Jackson vs. Clearlink Insurance Agency, the plaintiff argued that they could sue Clearlink for calls made by ANY vendor, not just the one that directly contacted them, which was Aragon. Despite Aragon having settled a previous case with the plaintiff and not contacting them again, the Court ordered Aragon to produce a significant amount of calling data for the current lawsuit. The world of TCPA is ever-evolving, complex, and quite challenging, which is why it is so important to continue staying up-to-date with state and federal TCPA laws. https://lnkd.in/gTK_Ch_P