GET UP TO SPEED!: Here Are the TOP 10 CRITICAL Take Aways in the TCPAWorld Right Now

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So those of you that missed the big MBA Regulatory Issues summit in DC this weekend went without my latest content, but I put together a really critical slide that I wanted to share with everybody–the top 10 most critical take aways from the presentation.

  1. The TCPA lives on post-Facebook with a ton of DNC and pre-recorded call claims now dominating litigation and the Florida Mini-TCPA is creating a deluge of new suits as well;
  2. Know your SOURCE CODE as Plaintiff’s bar arguing R&SNG usage to determine dialer sequence matters (and R&SNG are more common than you think folks)—human intervention probably doesn’t matter anymore and even Live Vox HCI may not be safe these days;
  3. On the other hand, human selection dialers may neutralize both FN7 risk and the Florida mini-TCPA’s awful autodialer definition for non-consented and marketing campaigns;
  4. Callers should move away from reliance on pre-recorded calls and toward the text channel—especially triggered and AI text engagement (but not blast messages);
  5. Callers should continue to obtain consent in consumer contracts and consider a reasonable REVOCATION channel that a consumer accepts by contract;
  6. Review your online portals to assure they transparently alert consumers to terms and conditions and TCPA consent—courts are cracking down!;
  7. New call volume limits pose a risk to callers that use prerecorded calls to contact landlines without consent—no alignment between FCC and CFPB rules;
  8. Wrong number TCPA class actions remain the single biggest litigation risk to your business—billions in exposure for no reason. Avoid it with FCC FREE reassigned number database beta test;
  9. The prospect for personal liability under the TCPA remains a constant risk–ALWAYS rely on outside counsel before launching any new outreach campaign so you can blame us and you can’t be personally sued!;
  10. The once promising Creasy/Lindenbaum defense has gone up in smoke. While the argument might be viable in some jurisdictions its not looking good. 

I’ll be speaking at CONTACT.IO tomorrow–and this looks like a big event. I showed up in Denver late yesterday evening and into a swarm of familiar faces.

Be sure to say hi if you spot me. I’ll be signing autographs and doing selfies. The usual Czar stuff. See you soon.

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Published by Eric J. Troutman

The Czar of TCPAWorld Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems. Eric has built a national litigation practice based upon deep experience, rigorous analysis and extraordinary responsiveness. Eric and his team feel equally at home litigating multibillion dollar telecommunications class actions in federal court as they do developing and executing national litigation strategies for institutions facing an onslaught of individual TCPA matters. They thrive in each of these roles – delivering consistently excellent results – while never losing sight of the client experience. While many firms now tout TCPA expertise, Eric has been there from the beginning. He built one of the country’s first TCPA-only defense teams and began serving as national TCPA counsel for his clients nearly a decade ago. This perspective allows him to swiftly develop the right litigation strategies for dealing with recurring problems, without wasting time on tactics that are bound to fail. Eric’s rich historical perspective and encyclopedic knowledge of the TCPA landscape also make him an invaluable resource to institutional compliance teams struggling to comply with the shifting regulatory landscape. No task is too small – or too big. Indeed, Eric and his team have helped build TCPA-compliant systems and processes for some of the largest and most complex corporate entities in the country. He commonly works with in-house compliance counsel to build and implement enterprise and business-line specific TCPA solutions, performs TCPA audits and drafts and reviews proposed TCPA policies and procedures. He and his team also have the technical expertise necessary to assist call centers seeking to develop TCPA-resistant call path architecture or to modify existing telephony and software integration to better insulate from potential TCPA exposure. Eric has built a reputation for thought leadership. An avid blogger and speaker, he has been at the forefront of the industry’s effort to push for clarity and a return to sanity for the TCPA for years. He was selected to advocate for the financial services industry on important TCPA issues before the Federal Communications Commission and co-authored the nation’s only comprehensive practice guide on TCPA defense. In his spare time, Eric leads defense teams representing banks and other financial services companies in consumer finance litigation matters. He has experience representing clients in UCC, TILA, RESPA FCRA, CCRA, CLRA, FDCPA, RFDCPA and FCCPA claims, as well as in fraud and bank operations issues.

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