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

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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