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.
- 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;
- 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;
- 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;
- 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);
- Callers should continue to obtain consent in consumer contracts and consider a reasonable REVOCATION channel that a consumer accepts by contract;
- Review your online portals to assure they transparently alert consumers to terms and conditions and TCPA consent—courts are cracking down!;
- 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;
- 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;
- 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!;
- 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.