So the TCPAWorld is moving at a breathless pace right now. Let me break all the key developments down for you real quick.
First, the FCC currently has not one but TWO major TCPA-related notices of proposed rulemaking proceedings underway.
The first–involving lead generation–aims to change the dynamics of express written consent under the TCPA. While they are considering several possible proposals, the most restrictive would destroy the entire lead generation industry by finding that consent can only be provided DIRECTLY to a seller of goods or services. More likely the FCC will adopt a compromise position–mostly likely one that limits the number of marketing partners that can purchase a lead and limits the scope of consent. (Then again the FTC just issued its own guidance that suggests a super strict reading of the consent rules may be in the works.)
The second looks at TCPA revocation rules. Specifically, the FCC is proposing requiring callers to honor opt outs for marketing purposes within 24 hours and codifying the “any reasonable means” rule. The Commission is also considering a rule allowing texters to clarify the scope of a revocation using a follow-up text. Very interesting stuff.
Also on the FCC front, President Biden has nominated Anna Gomez to serve as the third Democratic commissioner–and fifth and final Commissioner–at the FCC. If approved by the Senate–and all early signs are that she is likely to be approved–the FCC could be back to full strength in time for a fall blitz through the NPRMs and other TCPA issues.
The other HUGE TCPAWorld story involves state laws. Specifically the dreaded FTSA–producer of massive numbers of class action lawsuits over text messages in Florida-has been amended in critical ways that really limit the impact of the statute. While the Governor has not yet signed the amendment–deadline to do so is May 31, 2023–the FTSA is expected to become a non-issue. On the other hand, the Oklahoma Telephone Solicitation Act–a copycat version of the FTSA in the Sooner State–just produced its first class action yesterday. Plus Maryland and New Jersey just passed mini-TCPAs of their own so… the TCPAWorld turns.
Meanwhile the heat is REALLY on the nation’s telecom carriers right now, with the DOJ launching a MASSIVE case against VOIP provider XCast Labs, Inc. for carrying bad traffic, the FCC SHUTTING DOWN an entire carrier for failing to mitigate robocalls, and now 48 state AGs filing suit against Avid Telecom related to illegal traffic.
My goodness! No wonder blocking and labeling it at an all time high. (But it is illegal and still must be stopped!!!)
Against this backdrop state privacy laws continue to proliferate at an incredible clip, with Indiana and Tennessee recently fashioning their own laws. And Washington enacts the health data privacy bill of the year (Decade.)
In the meantime, some critical TCPAWorld deadlines are coming up. First, June 6, 2023 is the deadline to provide reply comments in connection with the lead gen NPRM proceeding. Then, June 30, 2023 is the extended deadline for ALL carriers (even the small ones) to have STIR/SHAKEN protocols in place. And July 20, 2023 is the deadline to comply with the FCC’s new TRACED Act limitations on prerecorded calls to landlines. (Mark your calendars.)
And the most important date of all–July 13, 2023–is the date of Troutman Amin, LLP‘s HUGE marketing law compliance conference. A totally FREE event that is already WAY over filled. So we’re going to have to do a virtual option here. Check out this agenda!:
9:30—TCPAWORLD ON FIRE: Everything You Need to Know About the TCPA Right Now!
11:15—12:00—STATE LAW MINI-TCPA REVIEW: Florida, Oklahoma, California, Maryland, Washington… To Name a Few;
12:00-1:00—FREE LUNCH for Attendees 😊
1:00-1:45— EMERGING STATE PRIVACY LAWS: So Many States Have New Privacy Laws—Here is Your Roadmap!;
1:45-2:15—HOT CIPA SUMMER: The California Invasion of Privacy Act is Now THE Most Dangerous Statute on the Books—How to Protect Yourself
2:15-2:45—COMPLIANCE WITH QUEENIE: Powerful Marketing Attorney Puja J. Amin Gives the In-House View of Marketing Law Compliance;
3:00-3:30—CARRIER CHAOS: Let’s Discuss Deliverability Issues and What Can Be Done with the Out of Control Blocking/Labelling Out There
3:30—4:00—A.I. IN THE AFTERNOON: The Rise of the Machines has Lead to an Entirely New Area of Law—Emerging Trends
4:00-4:30—INCREDIBLE QUESTION AND ANSWER Session
5:30-?— POWER HOUR—COCKTAILS WITH THE ROYAL COURT
Amazing. Just amazing. Looking forward to seeing all of you who got tix!