So let's talk about the Insurance Marketing Coalition petition...

Editor’s note: I took out the price discussion here. While $650k is a JOKE of price tag, I don’t want to imply anyone is stealing money. Probably just #biglaw being #biglaw….

So I have politely waited.

Nice guy that I am.

Giving folks a chance to reach out.

A chance to reconcile.

A chance to collaborate.

Weeks have passed. But… nope. Just crickets.

So… let’s get to it.

As everyone knows, R.E.A.C.H. is a trade organization of committed lead generators and buyers who want to see the industry CLEAN UP its act.

Following the destruction of PACE, R.E.A.C.H. became the de facto trade industry for the lead generation industry.

R.I.P.

And everyone knows R.E.A.C.H. has been working extremely closely with the FCC to effectuate a positive outcome on its current lead generator rule–in order to further the good actors in the industry and the small businesses that rely on them.

R.E.A.C.H. acts collaboratively. Transparently. Honestly.

It seeks input. It conducts listening tours. It educates, informs, and inspires.

Its members represent the very best that the lead generation industry has to offer.

But there’s another force of actors out there. A group that just thinks things can keep going the way it always has. A group that thinks they know best.

A group that scoffs at regulation and mocks those who abide the rules. A group that hides from the truth. A group whose members say words like “fear monger” when the Czar takes the stage to inform and enlighten.

A group that lives in the shadows. A group that wants to see the industry free to harass, trick and deceive consumers with dirty tricks and dark patterns just as it was doing before the FCC ruling.

They don’t seek to work with the good actors in the space because they have no intention of changing their ways. This same group that couldn’t get an SRO done, despite spending tens of thousands of dollars and wasting years on the project. They hate change because they profit only from the status quo…

THIS group–now aligned with something called the Insurance Marketing Coalition– has decided to jump the gun and file an anemic petition challenging the FCC’s recent lead generation ruling without consulting with R.E.A.C.H., me, or any of the good actors in the space.

This group truly represents the worst qualities of the industry in my opinion. And they have no interest in working together, speaking with one voice, or serving any interests but their own limited myopic view of what the industry should be.

Terrible. Just terrible.

When PACE collapsed under the weight of this group’s influence recently you would have thought they would wise up. Change their ways. Seek the light.

But, quite the contrary, they doubled down on their dark patterns (double entendre!) and have scurried back into the dark corners to make more bad selfish decisions that will end up harming everyone.

But don’t worry, I won’t let them hide this time. Not for long.

For today they will remain nameless–still hoping to mend fences here. But we’ll start putting the pieces together publicly soon. It will be fun. Always is…

What we know so far.

On December 21, 2023 IMC filed what I consider to be woefully incomplete petition challenging the FCC’s one-to-one ruling. The petition was RUSHED forward by IMC for no other reason, it seems, than in a desperate attempt to position itself (somehow) as the lead petitioner on any ensuing challenge.

Silly.

If R.E.A.C.H. elects to challenge the ruling–a decision that has not yet been made–you can bet your bottom dollar R.E.A.C.H. will be driving the challenge.

Still, the folks behind IMC’s challenge apparently strong armed–my opinion– smaller companies into putting up blocks of $65k to raise $650k to fund the “first phase” of the challenge.

Pause.

This sounds just like PACE doesn’t it? People putting up tens of thousands of dollars for results that never show up.

Now those who were “asked” to fund this were told the firm chosen to do the petition was very experienced in such matters–and that it had successfully overturned FCC rulings in the past.

The lawyers are these guys:

Yaron Dori
Kevin King
Counsel of Record
Matthew J. Glover
John A. Boeglin
Sameer Aggarwal
COVINGTON & BURLING LLP
850 Tenth Street NW
Washington, DC 20001
(202) 662-5488
kking@cov.com

Hmmmm… I’m not aware of any FCC rulings these guys have turned around. Maybe someone can educate me. Might have missed it.

But even if there were successful beating back the FCC in the past– again would love someone to send that to me–it makes me very uneasy that it is being suggested that past success means future results are assured. I mean… shouldn’t there be a pretty serious disclaimer there. Was there?

Don’t know.

Setting that aside, let’s look at this petition together shall we? You can read it here: Petition (IMC v. FCC)

It states:

IMC is filing this protective petition for review now out of an abundance of caution and will file a second petition for review upon publication of the Order in the Federal Register.

An abundance of caution?

An abundance of caution???

You mean, these super powerful lawyers that have successfully defeated the FCC head to head–so I have been told others have been told–don’t even know when their petition is due????

*Insert thumbs up emoji here*

Got it.

All I needed to know.

Anyway, I won’t be too rough on anyone just yet. Just getting warmed up. Will pull my punches for now and hope my phone rings and people decide to cooperate instead of acting unilaterally all the time. One voice and all that.

Hope I don’t have to get another tombstone ready…