GOING IT ALONE: LendingTree Meets with FCC Saying One-to-One Rule Hurts Small Business– But Where’s the Coordination?

So its summer time.

D.C. shuts down. Nothing really gets done between Memorial Day and Labor Day in the nation’s capital. And generally speaking lobbying goes dormant.

But Lending Tree decided to meet with a legal advisor in Chairwoman Roscenworcel’s office last week, which is fine.

The topic of the conversation was the one-to-one rule.

Other than the odd timing, the only noteworthy thing about the meeting I see is a statement that Lending Tree’s “testing so far indicates that larger name brands ultimately will benefit in comparison to lesser-known entities, as they have large advertising and marketing budgets and consumers will be less likely to authorize lesser known providers even when rates are comparable or better than the name brand competitors.”

This is exactly what R.E.A.C.H. feared and has been telling the Commission for over a year now.

COMING OUT SWINGING: R.E.A.C.H. Comment Urges FCC to Reject Public Knowledge Proposal, Adopt R.E.A.C.H. Standards, Reign in Out-of-Control Wireless Carrier Call Blocking and Labeling

That said, I don’t see that Tree submitted any evidence to support this statement. So it may not be very meaningful this late in the process.

In other good news, however, LendingTree has apparently been in discussion on the 1 to-1 Consent Rule’s impact upon small businesses with the Small Business Administration’s (“SBA”) Office of Advocacy. TCPAWorld readers will recall that R.E.A.C.H. previously worked with the SBA to obtain an additional comment period.

CLOSING THE LOOP: R.E.A.C.H. Completes its TCPA Advocacy Work With Final Meeting With FCC Chairwoman’s Office

While it is fine to see LendingTree riding R.E.A.C.H.’s coattails here, I’m not sure the “go-it-alone” approach is really what industry needs right now. No effort was made by LT to coordinate with R.E.A.C.H. before it reached out to Ms. Scurato–despite the fact that R.E.A.C.H. has already met with Ms. Scurato an the SBA on these very topics. Plus the new data set on testing LT has could have been quite handy if positioned with evidence (although perhaps LT did not want its testing data becoming public, which I understand.)

Notably “LendingTree emphasized [to the FCC] that it seeks to be part of the solution and cooperatively work with the Commission and consumer groups to develop rules facilitating responsible lead generation practices.” That’s an out-of-touch statement considering it has not joined R.E.A.C.H.– the organization that regulators trust as the group developing standards for the industry.

Indeed, LendingTree’s refusal to adopt the R.E.A.C.H. v. 2.0 standards–out August 5, 2024– would certainly tell a very different story, should it occur. It will send a VERY clear message to the regulators who are watching all of this very closely.

Not trying to come down too hard on Tree here. I like them. Good company. But folks, we have to stick together right now. Especially given all of our huge success!!!

Relatedly, while everyone is still buzzing over #lcoc a HUGE government relations event is taking place that the industry MUST be aware of in D.C. in September.

THIS is the right time–and the right way–for industry to be working together and speaking in one voice on important issues like the one-to-one rule. The event is called ARC and it is being put together by Contact Center Compliance this year (very likely to be absorbed into R.E.A.C.H next year.)

Do check it out! The Czar and Queenie will be there. Members of Congress, the FCC and FTC are all expected to attend.

And all of you stubborn players in industry–looking at you Tree, QS, DMS, Fluent–its time to get off of the sidelines and start playing ball.

With love.

Read full ex parte here: https://www.fcc.gov/ecfs/document/10712534109699/1

Chat soon.