ROUND TWO: R.E.A.C.H. Holds Another Round of FCC Meetings on TCPA Consent–Meanwhile the NCLC Punches Back on ESIGN

2 Comments

We’re in a battle folks.

A couple of heavyweights exchanging blows right now in front of the FCC. Really quite the spectacle.

So on Tuesday, powerful R.E.A.C.H. members sat down with Commissioner Starks’ office– this guy is a CRITICAL swing vote, a very thoughtful fellow who wants to do the right thing.

We presented our discussion on the importance of the lead generation industry and the CRAZINESS of imposing retroactive liability for calls that were already made–which is exactly what the NCLC wants to see happen. Nuts.

We absorbed quite a bit of energy–and questions–so folks are very engaged on this issue and being very thoughtful. A lot of work is being put in here. And that is a very good thing.

The more scrutiny the various proposals receive, the better the middle-ground of the R.E.A.C.H. standards is going to appear!

You can read R.E.A.C.H.’s full ex parte filing here.

Meanwhile, the NCLC was back up and swinging as well. In a meeting this week they asked the Commission to require full ESIGN implementation for webform submissions and questioned whether webform consents are even possible.

What else should we expect from an organization taking hundreds of thousands of dollars from the plaintiff’s bar through cy pres distributions in TCPA cases?

You can read their submission here.

As R.E.A.C.H. is laser focused on consent intermediary issues, I’ve asked PACE to take the lead in responding to this new front in the war. And it looks like those folks are going to jump on it–which is truly great to hear.

A ton at stake here. Don’t listen to anyone that tells you these proceedings are no big deal. The future of the industry is very much at stake here.

Happy to be fighting the good fight for all of you.

If you want to help visit reachmbc.com.

And for a quick two minute clip on which this matters, check out my comments to the FTC the other day:

The Czar addressing the FTC. For more TREMENDOUS content be sure to follow our INCREDIBLE YouTube channel! 

Chat soon!

Categories:

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.

2 Comments

  1. The industry has had 32 years to get its act together and stop with the annoying calls, but instead has focused on ways to slither around the statute and regulations. Only after the FCC and FTC are taking action to put a stop to the 3 decades of continued abuses, now does the industry come forward and say that they will “do better.” The industry had its chance and didn’t take matters seriously, so why should anyone believe anything has changed now? Even Troutman (allegedly) warned them, and they did not listen. The lead gen industry deserves to die a painful death!

    Reply

    1. Tough to disagree with these thoughts. But the one thing that did change is that the Czar came along. And I’m dedicated to setting things right. Just need a little help…

      Reply

Leave a Reply