INTERNAL DNC RULES STAND: FCC Amends Adopted NPRM To Clarify Internal DNC Rules Are Not On the Chopping Block

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Happy Halloween!

Some not-so-scary news for this all hallow’s eve morning.

You’ll recall the FCC adopted an NPRM at the open meeting this week that could bring MASSIVE changes to the TCPA.

But one change we will NOT be seeing is the end of the internal DNC rules.

TCPAWorld readers know the original version of the NPRM put the Internal DNC rules on the chopping block.

NO MORE INTERNAL DNC?: FCC Considering Rule Change to Allow Businesses To Keep Marketing to Consumers After They Opt Out

I wrote a blog critical of this potential change– and we also discussed on that big Webinar on our YouTube channel.

And wouldn’t you know it– the Commission heeded the call and modified the NPRM to keep the internal DNC rules in place.

To be clear, I am ALWAYS in favor of cutting down on terrible abusive lawsuits against small business– and the internal DNC rules do lead to frivolous lawsuits.

BUT

On balance, a rule that allows businesses to just keep calling consumers after they say stop is just a bad rule. I am glad to see the Commission dropped it.

The abandonment rules are still potentially on the chopping block, however, so that will be interesting.

Amended NPRM here: Amended NPRM

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.

2 Comments

  1. I am starting to sense that you are going to be running for President of the US in 2028. With a message like you just delivered here, you are a shoo-in!

    Reply

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