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In the final installment of our quarterly webinar series, Convoso CMO Lisa Leight and Managing Partner, Michele Shuster discuss the latest compliance updates and need-to-know news as we head into a new year. The conversation revolved around the recent FCC rulings, their impact on lead generation practices, and recommended strategies to navigate the ever-changing regulatory landscape.

Check out the highlights in the recap below, or tune into the video replay to watch the full conversation. 

Understanding the Brickman vs. Meta Case

First on the agenda was the Ninth Court’s significant ruling on Brickman vs. Meta. The case clarified that a system must use a random or sequential number generator to be considered an Automatic Telephone Dialing System (ATDS) under the Telephone Consumer Protection Act (TCPA). The Supreme Court declined to hear the case, affirming the Ninth Circuit decision, bringing some clarity to the definition of an ATDS in the Ninth Circuit.

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FCC Ruling on the Lead Generation Loophole

The FCC approved a rulemaking proposal to close the lead generation loophole, focusing on the issue of obtaining prior express written consent.

The definition of prior express written consent was revised, emphasizing a one-to-one relationship between a consumer and a seller. Consent must be logically and topically related to the website or transaction. The ruling clarified that text messages fall under do-not-call prohibitions, requiring similar consent as phone calls.

Compliance Implications and Strategies

Shuster advised lead generators and sellers to review their lead forms with legal experts to ensure compliance. The key takeaway was the importance of obtaining content from each seller individually. Shuster shared various strategies such as using dynamic leads ping posts, or directly sending consumers to the seller’s web page as ways to meet the new requirements. She also stressed the importance of complying with E-Sign requirements for obtaining valid consent, potentially leading to more litigation in this area.  

State Specific Requirements 

Certain states such as Arizona, California, Connecticut, Rhode Island, Louisiana, New Jersey, Washington, and Wyoming, have additional requirements for calling and consent beyond federal regulations. Given that some states have stricter definitions of auto-dialers, it is crucial to carefully consider state-specific regulations like this one that could present additional challenges.

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Silver Linings and Best Practices

Despite the regulatory challenges, Shuster emphasized that compliant practices, such as obtaining legal reviews of lead forms and ensuring proper consent records, can still allow for effective lead generation. Best practices for staying compliant with evolving regulations include adapting lead generation strategies and maintaining records of consent. 

The webinar concludes with a Q&A session that delves into topics like lead transfers, prior express written consent, DNC lists, and pre-recorded messages. 

Keeping up with industry developments and staying informed is a key part of lead generation success and navigating this new era.

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DISCLAIMER: The information on this page, and related links, is provided for general education purposes only and is not legal advice. Convoso does not guarantee the accuracy or appropriateness of this information to your situation. You are solely responsible for using Convoso’s services in a legally compliant way and should consult your legal counsel for compliance advice. Any quotes are solely the views of the quoted person and do not necessarily reflect the views or opinions of Convoso.

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