HERE’S LOOKING AT YOU QUINSTREET: Performance Marketing Giant Giant Known as Compliant Player Holds First Meetings with FCC on NPRM

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So I don’t endorse any goods or services on TCPAWorld, but you don’t have to go far to find positive comments about QuinStreet as a lead seller.

They’ve been on top of the compliance game from the start and–while I assume they are not perfect–I rarely, if ever, have seen a case originating out of a QS lead. (Still not an endorsement… they might suck, but it doesn’t seem that way to me.)

Was really glad to see, therefore, that they are meeting with key members of the Commission’s staff to discuss the potential impact of this massive NPRM.

In an ex parte filed by their counsel yesterday, QuinStreet confirmed meetings with members of all four sitting Commissioners’ offices. Here is how the subject matter was relayed:

In each of these meetings, QuinStreet focused on the portion of the draft Notice of Proposed Rulemaking that proposes to amend the definition of “prior express written consent.”

QuinStreet noted that any approach to consent ultimately proposed and adopted by the Commission should continue to enable consumer choice and website site owner flexibility, including because many high-quality site owners are small- and medium-sized businesses. QuinStreet also noted that is supports the Commission’s initiative to reduce unwanted calls and texts, and it discussed the Federal Trade Commission’s previous work regarding performance marketing, which resulted in the issuance of a staff report titled “Follow the Lead,” available at https://www.ftc.gov/reports/follow-lead-workshop-staff-perspective.

Perfect pitch here guys.

Hopefully others will “follow the lead” of QuinStreet. (BTW- you guys joining REACH?)

Full letter here: Quinn Street Letter

Relatedly, PACE also submitted a letter to the Commission but did NOT address the Public Knowledge proposal. Not sure what’s up with that.

Pace letter here: PACE.03092023

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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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