R.E.A.C.H. PROVIDES ANOTHER WORLD CLASS COMMENT TO THE FCC– HELPING TO RESTORE SANITY TO THE TCPA

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So while Jones Day was busy helping to funnel money to the NCLC, Troutman Amin, LLP was assisting Responsible Enterprises Against Consumer Harassment (R.E.A.C.H.) to push for regulatory clarity and common sense reforms to the TCPA.

In its latest INCREDIBLE comment, R.E.A.C.H. has advocated the Commission:

  1. Eliminate the “nuclear revocation” rule and instead adopt a more nuanced, message-specific revocation framework that allows callers to assist consumers in clarifying their opt-out preferences;
  2. Permit callers to designate an exclusive means of revocation and reject NCLC’s “Nuclear Opt Out” Proposal;
  3. Clarify that a revocation must be processed within 10 days and there is no liability for messages sent while a request is being processed;
  4. Clarify a business may designate one or more reasonable methods for consumers to revoke consent;
  5. Establish a minimum criteria that voice service providers must follow before allowing a caller onto their networks, and require providers to use a third-party verification process to confirm that callers are who they claim to be;
  6. Mandate Know Your Customer (KYC) rules for voice service providers and adopt a safe-harbor framework that supports legitimate, standards-based caller-identity and verification while ensuring providers remain accountable for unlawful or discriminatory blocking; and
  7. Allow cross-border authentication efforts to mature prior to imposing requirements on foreign-originated calls, and issue an NPRM to address these complexities.

As always Troutman Amin, LLP provided its services to R.E.A.C.H–and the broader industry– COMPLETELY FREE OF CHARGE.

Because it is the right thing to do and because we want to protect small businesses (and large) and consumers and the PTSN and our telecom world.

And because we love all of you.

Great work to everyone involved here.

Full reply comment here: R.E.A.C.H NPRM Reply

Join R.E.A.C.H. and help us save the telecom world!

If you want to meet a bunch of AWESOME R.E.A.C.H. members and learn more about calling practices, caller ID, C-NAM, deliverability, TCR, and the entire wonderful telecom world be sure to attend Law Conference of Champions this May!

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.

1 Comment

  1. Why is it, that a consent record can be generated (some say as much as ~47% fraudulently), processed, sold to dozens of other buyers, and the consumer called within minutes… But a revocation must be allowed to take take more than a week?

    If consent is not revokable with the same ease as it had been created, it’s not a fair and arguably legal consent.

    Reply

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