There's been a lot of concern and, perhaps, even more confusion, around the FTC's one-to-one rules that go into effect next year. On our monthly Responsible Enterprises Against Consumer Harassment (R.E.A.C.H) call last Friday, Eric J. Troutman did a "temperature check" to see what leaders are hearing from the industry. He seemed to spend the weekend blogging the whole thing out into a very comprehensive FAQ. It's definitely worth a read (and maybe bookmarking like I did), but make sure you have qualified counsel reviewing your business's unique needs and approach to this rule. Don't forget that your one-to-one consent is meaningless if the consumer gets a new phone number or requests to be put on the seller/telemarketer's Internal Do Not Call List. Reach out to our team over at Contact Center Compliance for help with managing this and many of your other marketing compliance needs! https://lnkd.in/gXkgtTYE
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Remember that FCC rule to stop spam texts? Yeah, they just hit the snooze button on it until 2026. Why? A bunch of marketers complained it was “too hard” to comply. Meanwhile, your phone gets to stay a hotline for “urgent offers” from companies you never even remember talking to. If you buy leads from places like Lending Tree or HomeAdvisor, this might sound like a win—but let’s be real: consumers are over it. They’re blocking calls, suing marketers, and ghosting your messages. Respecting consent isn’t just a legal thing; it’s a “let’s not make people hate us” thing. Thanks for nothing, FCC. Guess we’ll all enjoy another year of inbox chaos while the courts figure this out. #SpamTexts #FCC #tcpa #LeadGen #Compliance #ConsumerTrust #DoBetter https://lnkd.in/g-uTsNmd
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I’ve heard from many people that they expect the Trump Administration to ‘throw out’ the 1 to 1 rule, but few realize that the new Trump Nominee to run the FCC supported it. President-Elect Trump has nominated senior Republican Commissioner Brendan Carr, who is already at the FCC. Any business who is calling or texting consumers, and is subject to TCPA, MUST PAY CLOSE ATTENTION to not only the single brand opt-in process, but also that the lead funnel/content presented is "TOPICALLY AND LOGICALLY" associated. For example, if the lead form offers Auto Insurance it cannot also offer a Home Warranty. This is a very very common practice with Affiliates, if you use them you need to monitor them. We can help! IntegriShield is a web monitor, tracking where & how a lead is acquired and what media is used to engage that prospect. Here is the link to the FCC's Public Notice:
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Last week, we discussed the significance of Explicit Individual Consent under the new FCC ruling. This week, we're diving into another crucial aspect: No General Consent for Multiple Sellers. What does this mean? Consent forms can no longer cover multiple sellers. Each seller must now obtain separate approval from consumers, preventing companies from sharing one consent form among multiple entities. Read our full article to learn more about what this ruling means for your business: https://lnkd.in/eijZ8RMC Staying up to date with these new regulations is essential, and we're here to support you. If you have any questions or need assistance, don’t hesitate to reach out! #FCCUpdate #TCPARuling #Compliance #InsuranceLeads #Benepath
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The FTC is now holding CEOs personally liable for lapses in consumer protection. Learn from my Woodruff Sawyer colleague Priya Cherian Huskins Huskins in her new blog about what this means for companies and how they can protect themselves. #directorsandofficers #CEO #insurance
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#Text #SMS #TCPA #consent update: In a decision posted late Friday, the U.S. Court of Appeals for the Eleventh Circuit overturned the FCC’s TCPA 1:1 consent rule for autodialed and prerecorded marketing calls and texts. Analysis of the decision can be found on our blog. #Topline takeaways: ✅ The court found that the FCC exceeded its authority to interpret the TCPA and vacated both the 1:1 consent and "logically and topically" related elements of the FCC's amended rule. ✅ The ruling does not extend to other TCPA rule changes adopted by the FCC in its December 2023 order, or to the new consent revocation rules that are set to become effective in April 2025. ✅ #Practical takes: (1) we don't know yet if carrier/texting platforms will continue to require 1:1 consent as a business requirement (most have been enforcing this point for most of 2024); (2) many businesses have agreed to contract terms and have invested significant resources in anticipation of the 1:1 consent rule; (3) we also don't know if state legislatures will respond with new state rules to fill this gap (AGs were active supporters of the 1:1 requirement). ✅ So short and long term strategy should be assessed. Good time to have some quality discussions with your lawyer to decide how to to proceed. https://lnkd.in/efJ9VXPQ
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📝 Key takeaways: TCPA Update! On January 24th, the Eleventh Circuit struck down the FCC’s one-to-one consent rule, a game-changing decision for telemarketers, lead generators, and businesses. What does this mean for consumer consent and compliance under the TCPA? While the decision simplifies compliance by sticking to the original definition of "prior express consent," it also raises the stakes for ensuring consent is crystal clear and unmistakable. Read our key takeaways 👉 https://lnkd.in/g2t7e8xM
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On January 27, 2025, the Telephone Consumer Protection Act (TCPA)'s one-to-one consent rules will take effect, requiring businesses to get clear authorization for calls from each identified seller. This Perkins Coie Update provides takeaways and next steps for businesses. #Robocalls #ConsumerProtection #Communications #PrivacyLaw
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Super-complaints are a powerful but little known mechanism for consumer justice in the UK. In his latest blog, our Managing Director David Rankin looks at what super complaints are, as well as their recent influence over UK legislation, regulation, and consumer compensation. #supercomplaint #consumer #legislation #regulation
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On January 27, 2025, the Telephone Consumer Protection Act (TCPA)'s one-to-one consent rules will take effect, requiring businesses to get clear authorization for calls from each identified seller. This Perkins Coie Update provides takeaways and next steps for businesses. #Robocalls #ConsumerProtection #Communications #PrivacyLaw
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Less stringent requirements for consumer contact will stay in place for a year, FCC says, as it delays TCPA changes that would’ve required one-to-one consent. #realestatenews #realestate #TCPA #realtortips #realestateagents
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