Telephone Consumer Protection Act (TCPA)
The Telephone Consumer Protection Act (TCPA) regulates telemarketing calls, auto-dialed calls, prerecorded calls, text messages and unsolicited faxes. The FCC is empowered to issue rules and regulations implementing the TCPA.
Key legal considerations include, without limitation, whether an automatic telephone dialing system (ATDS) or pre-recorded voice is used when making the call, whether the recipient provided prior express written consent, whether the number phoned is a landline or residential line, whether the recipient’s telephone number is registered on a state or federal Do Not Call (DNA) list, whether an exemption from prior express written consent applies and whether consent has been revoked.
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FCC Publishes Final Single Seller Lead Generation Consent Rule in Federal Register
The Federal Communications Commission has published its new rule designed, in part, to close the lead generator loophole by amending the definition of “prior express written consent” for purposes of the Telephone Consumer Protection Act. Lead generators take note. With the exception of provisions relating to combating robotext sources such as text message blocking, the…
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FCC ADOPTS NEW RULE TO CLOSE THE LEAD GENERATOR ROBOCALL AND ROBOTEXTS LOOPHOLE
On December 13, 2023, the Federal Communications Commission adopted new rules designed to protect consumers from “scam communications” by directly addressing some of the “biggest vulnerabilities” in America’s robotext defenses and closing the “lead generator” robocall/robotexts loophole. The new rules allow blocking of “red flagged” robotexting numbers, codifies Do-Not-Call rules for texting, and encourages an…
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Lead Generation Industry to be Turned on Head: Proposed FCC Rule Requires Consent Must be Secured From a Single Seller at a Time
One of the key issues relating to the NPRM pertains to consent being sent directly to/obtained by one seller at a time. The FCC has now circulated its proposed rule. It has not been adopted yet but it looks like it will be in December when voted upon. It looks like the rule will become effective…
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FCC Notice of Proposed Rulemaking Could be Existential Threat to Lead Generation Industry
The FCC recently proposed a rule that would turn the lead generation on its head. The proposed new rule goes quite a bit further than simply requiring wireless carriers to block texts from illegitimate numbers. See more, here. In addition to carrier investigation and blocking obligations, as well as an extension of DNC protections to text messages,…
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TCPA Established Business Relationship Defense Defeats Class Allegations
A TCPA defendant’s motion to strike class action allegations was recently granted by a Northern District of Illinois. The court held that individual questions of consent and the availability of the established business relationship defense made the claims unsuitable for class treatment. In the matter of Sorsby v. TruGreen L.P., 2023 WL 130505 (N.D. Ill.…
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Richard Newman Authors Article for Lead Generation World on What the Privacy Rights Act – CCPA on Steroids – Means for Lead Generators
FTC compliance and defense attorney Richard B. Newman recently authored an article for Lead Generation World titled “California Voters Pass the Privacy Rights Act – What “CCPA on Steroids” Means for Businesses and Consumers.” On November 3, 2020, California voters approved Proposition 24 – the California Privacy Rights Act of 2020 (“CPRA”). The CPRA amends and revises…
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