WE’RE JUST 100 DAYS TO ONE-TO-ONE CONSENT EFFECTIVENESS DEADLINE–Here’s Where TCPAWorld Stands (Are YOU Ready?)

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Kind of fun the way TCPAWorld.com reports the news and then all the other law firms get around to it weeks later.

I actually really enjoy watching the articles trickling in. Seeing who is on their game and who isn’t.

And in a weird way I actually respect the firms that do TCPA but don’t report on it at all. They know I have it covered. They aren’t even going to try to compete.

And then you have the knuckleheads that have no idea what they’re talking about (law firms, not reporters) that write articles for Law360 that are aged and inaccurate by the time they are published and FALSELY call themselves “experts” providing “analysis.”

I saw one this week suggesting the one-to-one rule wouldn’t go into effect in January. My goodness. What are these people thinking? How do they have clients? (Do they?)

As big a scam as those “super lawyer” rankings noone reads but so many lawyers grovel and apply for. So undignified.

Regardless, the one group out there I do pay attention to is WebRecon. According to their numbers another 103 TCPA class actions were filed in August! Another massive spike.

And after a slight YoY dip in July, 2024 TCPA class actions are still up OVER 30% from last year YTD!

Yet it is nothing compared to what we are going to see next year.

We are just 100 days away from the effective date of the FCC’s new one-to-one consent rule– the rule that changes everything we know about capturing consent online. It has massive ramifications for both third-party and first-party leads and it means every lead in your CRM is dust come January 26, 2025.

And its coming. Sure as the sunrise.

The direct-to-consumer marketing world has never seen anything like the crush of TCPA litigation was can expect next year. It is truly frightening (and our rates are about to spike next year so you really need to retain us NOW if you plan to.)

FAIR WARNING!!– Troutman Amin, LLP Rates Are Set to SPIKE Next Year (So Get In Now!)

We know the old lead gen ecosystem is collapsing under the weight of the TCPA–and those relying on it are in big trouble–and we haven’t even gotten to the effective date of the new one-to-one rule.

And with Allstate blacklisting lead suppliers, its only a matter of time before other large institutions take the same path (or, perhaps, begin whitelisting lead suppliers who meet the REACH standards?)

At ITC this week Jeff Schaffer at Phonexa (speaking on a panel with Queenie) called the one-to-one consent rule the “biggest change to lead generation in the industry’s history.” And he’s right. And yet, it seems so many players are STILL not paying attention (although many are.)

We handed out the Troutman Ain 15--a free template consent form to comply with the new rule– back in January, 2024 folks.

THINK ABOUT THAT— WE GAVE YOU A FREE CONSENT FORM A FULL YEAR BEFORE YOU NEEDED IT TO HELP YOU COMPLY! FOR FREE.

Now that’s love.

That’s dedication.

Yet, so many folks refuse to listen.

We are doing out best to Sheppard this flock. Let those who have ears to hear hear.

Leads go *poof* in just 100 days. Every lead you have now can no longer be called using regulated technology.

We are working to help you there too. Have already vetted Safe Select and Drips Initiate as safe human selection systems. Working on another big one right now that will really be game changing and help provide choice in the market.

So what can you do to be ready in the next 100 days?

  1. Work with lead suppliers who are complying with the new V.2.0 standards;
  2. Get educated on human selection systems to make sure you aren’t calling using regulated technology if you plan to make use of your old leads still;
  3. Review our Lead Gen Resources page to make sure you understand the new rule;
  4. Inform yourself of developments on TCPAWorld.com and our YouTube channel (all free);
  5. Get yourself a copy of the 2024 TCPA Annual Review, presented by Contact Center Compliance;
  6. Tune in to our great free webinars (HUGE one next week);
  7. ATTEND THE TCPA SUMMIT IN FLORIDA.

Hear from Puja and I together at the big summit!

This last one is my biggest recommendation.

It might be the last time you can discuss these issues with my team ahead of the big day– and there’s really no one else you want to be listening to on these issues (IMO.) We told you it was coming and we have been on top of it every day since.

Oh, and BTW, based on my meetings with the FCC this month there WILL be some small changes coming to the rule. So be ready, be nimble and PAY ATTENTION.

Love you TCPAWorld.

100 days, starts now.

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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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