JUST SAYING: Pennsylvania AG Signed Onto NPRM Position that Differs From Consent Order It Imposed on Fluent and I am Scratching My Head

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So as I reported yesterday 28 AGs got together and submitted a really aggressive comment to the FCC in connection with the pending NPRM on the “lead generation loophole.”

OH NO! 28 State AGs Just Weighed in on the FCC’s NPRM and a Certain Founder of our Nation is Grumpy About It…

Specifically, the AGs argued that consent has to be given on a “one to one” basis–meaning that a separate consent form is required for every seller that may call a consumer.

The position is legally baseless in my opinion–and the R.E.A.C.H. reply comment pretty much dismantles it— but when 28 AGs say something you have to take it seriously.

So I got to thinking about the recent Fluent Consent Order–which was entered into with the PA AG’s office, a signatory to the new FCC reply comment–and wouldn’t you know it, the AG did NOT make Fluent abide by a one-to-one disclosure process.

Indeed, the consent order specifically recognizes that multiple sellers can be listed on a form:

See– “specific party or parties.” (You can read the whole C.O. here: Fluent Consent Order)

But if the law requires only a single seller (party) then why would the PA AG’s office tell Fluent it could break the law in a consent order?

Hmmmm….

On the other hand, the consent order does require Fluent to ditch hyperlinks–which is consistent with one possible outcome of the FCC’s NPRM. So that is definitely something to keep an eye on.

Anyway we will continue to monitor developments around the NPRM and AG action closely for you.

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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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