THE BIG TCPA LIST: These Are the Best Read TCPAWorld Stories of 2023 All in One Place–And Wow is it Revealing

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So 2023 was an absolutely remarkable year for TCPAWorld.com

Overall readership was up 66% from last year! And, stunningly, unique visitors DOUBLED from 2022. Absolutely amazing.

Driving much of the traffic was stories about the FCC’s new rules around express consent targeting lead generators and calls made by American small business. TCPAWorld.com readers undoubtedly noticed the blog’s focus on these stories and that was by design–the Czar likes to give the people what they want.

Below is a breakdown of the 10 biggest stories of 2023 according to TCPAWorld.com stats. You will easily notice the outsized impact on readership the FCC’s machinations have had this year.

It is incredibly valuable to understand what people are reading and concerned with. And this year’s review provides all of the insight you need to make decisions moving into 2024.

But the BIGGEST story of the year is undoubtedly the launch of Troutman Amin, LLP. In just 9 months we have already orchestrated two MASSIVE industry wins–one killing the CMS TPMO rules and one opening the door for small business to survive the FCC’s new rule closing the lead generator loophole. And that’s besides all the incredible wins for our clients in the courtroom!

People absolutely LOVE the firm–and it is no surprise. When you combine the firepower of the Czar with the incredibly knowhow of Queenie and an INCREDIBLY DEDICATED team, there’s nothing we can’t accomplish. Especially when the focus is on RESULTS and not money. Chef’s kiss baby.

But without further adieu, here are the biggest stories of 2023!!!!:

10. THE FCC CLOSES THE LEAD GENERATOR LOOPHOLE

A simple story advising of the FCC’s adoption of the express consent rule on December 13, 2023 rocketed to become our 10th best-ready story of the year in just 10 days…

IT IS DONE: FCC Closes “Lead Generator Loophole”–Adopts Ruling Silencing Marketers Unless Consent to Specific Good or Service Provider Obtained

9. Keller Williams Agrees to Pay $40MM to Resolve TCPA Suit

Those who thought the era of big-dollar TCPA settlements were behind us after Facebook got a rude awakening to start 2023 when real estate giant KW had to pay up to $40MM to resolve a TCPA class action. We expect more big settlements by  real estate brokerages in 2024 as well…

THE TCPA DANGER REMAINS: Keller Williams Realty Agrees to MASSIVE $40MM TCPA Settlement–But Will it Hold UP?

8.  CMS Makes a Change to the 48 Hour Rule

Queenie’s amazing background in the Medicare vertical became a critical asset to industry this year–both owing to her amazing work pushing back on the CMS TPMO rules but also in her stunningly well-read piece breaking down the new 48 hour rules. It ended up our 8th best article of the year.

MAJOR CHANGE: Understanding the 2024 CMS Final Rule’s New 48-Hour Scope of Appointment (SOA) Rules

 

7. New York Changes its Telemarketing Rules and People Freak Out

Coming in at number 7 is a story about one of the most impactful state law changes of the year. People really gravitated to this one as New York tightens telemarketing restrictions in a sign of more big changes to come at the state level.

MEANWHILE IN NEW YORK…

6. The NCLC Cashes in While Pretending to Represent “Low Income Clients…” 

One of the most powerful lobbying groups in DC when it comes to telecom issues is the National Consumer Law Center. The NCLC claims to represent “low income” clients, yet they receive millions from TCPA Plaintiff’s lawyers who funnel money to the organization through cy pres distributions. The NCLC then lobbies the FCC and Congress for rules that make TCPA litigation easier in exchange. Simply gross and people couldn’t get enough of this story.

IT PAYS TO BE CY PRES: NCLC Among Consumer Groups Set to Collect $16MM Windfall from Dish Judgment

5. Proposed FCC Rule Confirms that the Czar Was Right All Along 

The biggest TCPA-related theme of 2023 was the Czar begging folks in the lead generation world to heed his warning that a massive FCC rule change was coming while a bunch of clueless sandheaders told everyone I was wrong.

So. Incredibly. Aggravating.

But, of course, the Czar is never wrong–at least not about things I am willing to say publicly. And 2023 was the year that everyone found out to NEVER doubt–much less side against–one of the Czar’s TCPA-related predictions.

IT HAPPENED!!!: FCC Set to Crush Lead Generation Industry– Proposed Rule Finds Consent Must Be Obtained ONLY On a One-to-One Basis–Industry to be Given 6 Months To Comply (AND I TOLD YOU SO!!!!)

 

​4. That time the FCC Nearly Killed PhoneBurner By Accident

The biggest story of early 2023 was undoubtedly the kerfuffle surrounding the FCC’s order to prevent seemingly illegals calls being made by MV Realty from traversing the carrier network. Everybody learned an important lesson when the FCC specified the platform MV Realty was using to make the calls– PhoneBurner–as part of its enforcement order, resulting in carriers predictably, but errantly, shutting down ALL PhoneBurner traffic for a period of days. My goodness what a mess.

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

3. TCPA ATDS Cases Get New Life from Facebook Footnote 7 

The Ninth Circuit tried to kill TCPA ATDS cases in late 2022, but courts in other parts of the country simply disagree. One of our best read stories of the year involved a court in Colorado pushing ATDS cases forward reminding everyone that systems with the capacity to STORE–and not just produce–telephone numbers using an RoSNG are still ATDS subject to the TCPA!

RUN!!!–FOOTNOTE 7 LIVES!: Colorado District Court Holds Directly That Using an ROSNG To Determine Calling Order Triggers TCPA!

2.  The Czar’s Deep Dive of the FCC’s Proposed Rule Closing the Lead Generator Loophole

The Czar is the best known telecom lawyer in America–and probably the world.

So when he spends time over Thanksgiving weekend to breakdown–for free–one of the FCC’s most impactful TCPA rulings you can bet your bottom dollar it is going to be well read. And it was.

Our second best read story of the year was my breakdown of the FCC’s proposed ruling’s likely effect on the lead generation industry. People absolutely loved it–including those who hated it.

DEEP DIVE: Examining the Practical Impacts of the FCC’s New TCPA Ruling on Express Consent and Lead Generation

Before we unveil the biggest story of the year… 

Reminder that we have BIG things coming in 2024!

  • Troutman Amin, LLP stage at Lead Generation World January 7-9, 2024!
  • The 2024 TCPA Annual Review, presented by Contact Center Compliance will be available to those attending LGW and to everyone else January 11, 2024!
  • Deserve to Win magazine Issue 3 will be available January 18, 2024!
  • The Law Conference of Champions will be back July 16, 2024. In person will be free. Virtual option price to be set. Be ready… (Sponsorship opportunities will be present!)

And now…. our number 1 story of the year:

1. My Warning to Industry Was Widely Read—but Not Widely Heeded

Way back in February, 2023 I laid it all out. All of it…

I explained precisely what the FCC was considering. What the stakes were. And what the likely outcome would be.

Tens of thousands of you read it. Yet only a handful of companies came to bat weeks later when the comment period ended.

Luckily, through the POWER of Troutman Amin, LLP you all get a second chance to comment next month! BUT the best read story of 2023 remains the Czar’s critical breakdown of the FCC’s NPRM on closing the lead generator loophole.

“CLOSING THE LEAD GENERATOR LOOPHOLE”: FCC Considering Banning Transfer of Online Consent Forms–and Other Critical Changes–and I WARNED YOU!

Well that’s it folks. Now you know everything you need to know about telecom and the TCPA in 2023. And I am going back to my long winter’s nap.

Looking forward  to seeing all of my FAITHFUL, JOYFUL, and TRIUMPHANT friends in 2024!

Happy new year everyone! 🙂

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Published by Eric "Czar" 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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