We aim to highlight the importance of due diligence in lead campaigns and to keep our customers and industry associates up-to-date with the compliance news reported from our industry. These articles are reprinted here for our readers, courtesy of TCPA World and DNC.com.
MAJOR CHANGE: Understanding the 2024 CMS Final Rule’s New 48-Hour Scope of Appointment (SOA) Rules
The 2024 CMS Final Rule included a major change to Scope of Appointment (SOA) rules. As Medicare organizations know, the Scope of Appointment is a form that beneficiaries must sign to outline the topics that are allowed to be discussed during a scheduled meeting. This helps ensure that the beneficiary stays in control, helps them make informed decisions about their benefits, and can prevent misleading marketing tactics.
Eleventh Circuit Rules that One Text Message Is Sufficient for Standing
The Eleventh Circuit issued a ruling in Drazen v. Pinto that overturned a lower court decision and set a precedent that the receipt of a single, unwanted text message constitutes sufficient harm to confer Article III standing. This is the latest twist in the long journey of this class action and represents another jurisdictional claim staked on Article III standing in TCPA cases.
TCPA TRIMMED DOWN: Ninth Circuit Court of Appeals Holds Text Messages Are Not Prerecorded Calls–But There is a Catch
In Trim v. RewardsZone the Ninth Circuit Court of Appeals considered whether a text message triggered the TCPA’s “recorded voice” provision. This is a critical question because, if so, the TCPA’s regulated technology provisions would automatically apply to text messages–meaning a company sending a text would always need either express consent, or written express consent, depending on the nature of the text.
While this ruling is fantastic for folks using regular old SMS messages, there is a real cautionary point here. Many folks have begun using MMS messages and other forms of communication that may embed a voice for a video…This provision seems to suggest that although the “regular” text message at issue in Trim was not a prerecorded voice message, other messages that did include an “audible component” would trigger the statute.
NOT ENOUGH: Statement a Company Used an “Autodialer” Not Sufficient To Win TCPA Suit Appellate Court Holds
In Guthrie v. PHH Mortgage, 2023 WL 5312885 (4th Cir. Aug. 18, 2023) an Appellate court concluded that the mere fact a business’ call center agent told a consumer an “autodialer” was used to make a call was not sufficient to win a TCPA case.
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