LEGS: “Do Not Disturb Act” Said to Be Moving Forward So Far… Here is the Latest

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So as I was the first to report, Congress has a new bill–H. R. 7116 known as the “Do Not Disturb Act”– looking at potentially expanding (re-writing) the TCPA’s regulated technology provisions and altering the telephone solicitation rules pretty markedly. It will also be THE FIRST regulation in America to ever effectively regulate AI by requiring a disclosure when it is being used.

You can read about the bill here:

MASSIVE PROPOSED TCPA CHANGES HIT CONGRESS: House Member Pallone Proposed SWEEPING Modifications to the TCPA Changing ATDS Definition and Requiring AI Disclosures–and They Are Not Good

See a redline here:

READ EM AND WEEP: Here Are Those Redlines of the Proposed TCPA Revisions I Promised You…

And video Webinar breaking it down here:

Well I have heard from multiple sources so far this thing has legs. SO be prepared!

I continue to doubt the entire bill will pass as drafted–lots of issues with it, see the video–but portions of it, including the AI disclosure requirements are likely to get through.

The bill also now has co-sponsors Ms. MATSUI, Ms. SCHAKOWSKY, Mr. SORENSEN,
and Mr. SOTO–all Democrats–and has been referred to the Committee on Energy and Commerce (Chair is Cathy McMorris Rodgers (R-WA)) for consideration.

No movement in the Senate yet that I am hearing about. (If you are in the know, shoot me a tip!)

R.E.A.C.H. has a special government relations team tasked to address this bill and will be working overtime to get our comments to the FCC’s small business NPRM on the books ahead of the February 26, 2024 deadline while also looking to effect change on the hill.

Obviously TCPAWorld will stay all over this.

Unrelated, you know what would make a really good Valentine’s Day gift? A subscription to Deserve to Win the magazine!

Absolutely fantastic content you can’t get anywhere else. You really ought to subscribe if you enjoy TCPAWorld and want behind-the-scenes views on the incredibly talented and fun Troutman Amin, LLP team of celebrity lawyers and legal professionals!

Beautiful isn’t it?

Chat soon.

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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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