TCPAWORLD AFTER DARK: we have a new BEST READ story ever and a HUGE R.E.A.C.H. update (Hint: CMS Comment)

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So much fun (but also scary but also encouraging) stuff going on right now in TCPAWorld.

First, people are UP IN ARMS about the FCC’s order taking down Phone Burner. My article discussing Phone Burner’s desperate efforts to keep the doors open following the Commission’s knee capping of their platform is now THE BEST READ ARTICLE ON TCPAWORLD EVER!!!!!

WORSE THAN I THOUGHT: Read Phone Burner’s Desperate Updates to its Clients as its ENTIRE PLATFORM Shut Down By Carriers Following FCC ORder

Wow.

This story is REALLY resonating with people. They just can’t believe how bold (reckless?) the Commission was in issuing an order that nearly ended a major communications platform based on such a spotty investigation. Now everyone is saying the FCC did not intend to cripple Phone Burner. But that was a totally foreseeable result.

Like I said just huge huge traffic and engagement on this issue. Tons of concern. Keep your thoughts flowing in here. I can’t turn back time but I can play therapist.

In other news YES R.E.A.C.H. will be submitting a comment to CMS on their new proposed rule.

And YES Troutman Firm will be drafting the comment on behalf of R.E.A.C.H.’s members COMPLETELY free of charge. Friend to all.

You’re welcome.

Want to pay me back? Ask how you can get involved with R.E.A.C.H.–the single most transformative organization to ever come along in the telecom space. Again, this is a lead buyer-side and direct-to-consumer marketing organization designed to: i) STOP UNWANTED CALLS; ii) restore confidence in the telemarketing industry in this country and spread the important message of the BENEFIT this critical industry provides to consumers; iii) engage with regulators and law enforcement to be a TRUSTED PARTNER; iv) engaging with teleco carriers to assure traffic of R.E.A.C.H. members is treated as presumptively valid; and v) ultimately, to restore trust between consumers and brands and assure that consumers only receive calls they actually want.

This is just a critical initiative here just in the nick of time. But for it to be successful we need wide-ranging buy in from the best companies out there.

BTW, LOVED seeing April Wong talking to Joey Liner about R.E.A.C.H. today on the latest episode of One Liners. FANTASTIC synopsis. Love to see April’s passion on this issue. She GETS it. You better believe she’ll be on the board.

Amazing.

Speaking of the board, next meeting will be set for Monday(!). I am circulating revised standards this evening. We’ll be voting on a couple of critical issues–can prerecorded voice messages be the first contact? should we keep the public shaming provision?–and I honestly don’t know where this ship is going to land on these issues. So, exciting stuff.

And, YES, we will have a comment prepared ahead of the current February 13, 2023 CMS response deadline. Feel free to share any thoughts you may have. Puja Amin and Jenniffer Cabrera will be taking the pen for us–with the hopes of an entire industry riding on the outcome. I couldn’t think of any better advocates for us. But we, of course, need your help!

Do you have data? Stats? Facts? Stories? Anecdotes that will help CMS understand why burning down the industry isn’t the answer? SHARE THEM.

And everyone should be paying attention here. If CMS crushes lead sellers, the FCC won’t be far behind.

Last but not least the Troutman Firm 2023 TCPA Annual Review, Presented by TrustedForm is STILL AVAILABLE. And still FREE.

44 pages of incredible TCPA glory. Get yours today!

Also, I’ve heard a TCPAWorld print magazine may be in the works…. Ssshhh don’t tell anyone.

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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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