INTRODUCING THE TROUTMAN AMIN FIFTEEN!: A Completely FREE Template Consent Disclosure To Comply With the FCC’s NEW One-To-One Rule

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While other law firms are just now reporting on the FCC’s new one-to-one rule, Troutman Amin, LLP is obviously way out in front of the legal industry in helping folks to comply with the new rule.

Not only did we break the news of the new rule (after being the ONLY firm to predict it was coming), we have provided a massive number of articles analyzing the rule’s impacts–and even created a Lead Gen Resource page to help folks keep track of everything.

And this is in addition to our great work with R.E.A.C.H. and efforts to stop unwanted robocalls–that are having great effect!

Then there’s the incredible 2024 Troutman Amin, LLP TCPA Annual Review, presented by Contact Center Compliance. An absolutely free guide that breaks down hundreds of TCPA cases to help folks comply with the law.

SEVENTH DAY OF CZARMAS!: IT’S HERE IT’S HERE IT’S FINALLY HERE!!!!–2024 Troutman Amin, LLP TCPA Review, presented by Contact Center Compliance is AVAILABLE NOW (FREE!)

Yes we have already given more than any other law firm–and by a massive margin.

But we’re not done GIVING.

Soooo many folks have asked us for template consent forms that we decided to just give away one FOR FREE to everyone so they can work off of it. And here it is:

Isn’t it beautiful!

And since so many people want to understand what the necessary parts of a consent form in the new one-to-one world we diagram it for you all here–again, totally FREE.

Behold–THE TROUTMAN AMIN FIFTEEN!:

Breathtaking!

Previously, of course, we used to say disclosure forms had to comply with the “Troutman Nine.” Well now it is time to comply with the Troutman Amin Fifteen.

And for those wondering, here they all are listed out for you:

If you comply with all 15 of these requirements you will be meeting the letter of the law (not legal advice–seek your own counsel or retain us to help draft your consent disclosure in accordance with your specific needs):

  1. Disclosure must reference language on button;
  2. Disclosure must reference SMS/MMS is those will be used in campaign;
  3. Disclosure must reference AI generative voice if will be used in campaign;
  4. Disclosure must reference marketing;
  5. Disclosure must be ABOVE companies to be selected and accept button;
  6. Disclosure must reference ESIGN Act;
  7. Disclosure must advise companies may call on seller’s behalf;
  8. Disclosure must reference use of automated technology;
  9. Disclosure must allow consumer to select good/service providers individually;
  10. Disclosure must advise consent is not required to obtain any good/service/credit;
  11. A small “select all” option CAN be provided but must not be forced on consumer;
  12. Consumer must be able to obtain service without providing consent;
  13. Disclosure must mention prerecorded or artificial voice messages, if applicable;
  14.  Only a reasonable number of companies should be displayed to consumer;
  15. Phone number should be supplied on same page as consent is provided.

Note also that the calls must be logically and topically related to the transaction that lead to the consumer accepting the consent form. So just because a consumer agrees to her from a company for one purpose does NOT give that company consent to be contacted for all purposes.

Note also that the R.E.A.C.H. standards will be revised shortly and while they are likely to include the Troutman Amin Fifteen, they are likely to go even further. So please keep that in mind and be on the lookout for it.

You’re welcome folks!!!! Love you too!

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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.

2 Comments

  1. Is there a link to the forms? The images in the post are barely legible (very lo-res) or clickable – Help!!

    Reply

  2. Hey, Troutman, what I see you doing is WONDERFUL. But, I see a couple of potential issues. With all of the lead fraud going on out there (by your own admission, roughly 40 percent of leads of bad), might it be wise to include a box to capture a consumer’s name, in addition to telephone number? Otherwise, lead monkeys can just sit there and tap telephone numbers all day long and too easily flood the lead vendor with bogus leads. Second, might it also be wise to have, underneath the telephone number, some sort of disclosure/certification that the person clicking “OK” is, indeed, the person represented and the owner or authorized user of the telephone number supplied? At least that gives your client a polite “defense” — and a potential fraud claim against the jerk that falsely entered the lead, if they can be caught. (In my books, anyone that creates a fake lead should go directly to jail, do not collect $200.)

    Reply

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