We aim to keep our customers and industry associates up-to-date with the compliance news reported around our industry. These articles are reprinted here for our readers, courtesy of TCPA World, Mac Murray & Shuster, LLP, and Convoso.
Revised FCC PEWC Rules Effective January 2025
The FCC’s Prior Express Written Consent rule revisions to the Telephone Consumer Protection Act (TCPA) were published in the Federal Register on Friday, January 26th, which means the revisions will become effective on January 27th, 2025. The revisions include:
- Prior express written consent (PEWC) must be obtained on a one-to-one basis. Lead generation forms will not be able to list several sellers in a single consent form or use “marketing partners” hyperlinks to obtain consent for multiple sellers.
- Calls and texts must be logically and topically related to the website where the consumer provided consent.
Additionally, the FCC codified that the TCPA’s Do Not Call (DNC) rules apply to texts.
New Jersey Adopts New Consumer Data Privacy Laws
On the 16th of January the New Jersey Governor signed into law S332 the bill outlining the state’s Consumer Data Privacy. Here is what you need to know about the new law taking effect on January 15th, 2025.
Court Sets the Record Straight and Clarifies that the TCPA’s Section 227(c) Applies to Cell Phones
In the case of Gerard Jackson v. Direct Building Supplies LLC, out of the Middle District of Pennsylvania, the Court clarifed and confirmed existing authority indicating that cell phones may be considered residential telephone subscribers. Therefore, the TCPA Section 227(c) providing a private right of action for calls illegally made to cellphones applies.
Supreme Court Denies Latest Appeal on ATDS Issues
Real quick, many of you will recall the Plaintiff’s bar recently asked the Supreme Court to review the TCPA’s ATDS definition anew — the Ninth Circuit Court of Appeals has held only dialers that randomly create phone numbers qualify as an ATDS. That’s not really what SCOTUS held in Facebook. So the appeal seemed…valid-ish.
But today the Supreme Court rejected the cert request. So no SCOTUS review of TCPA ATDS definition just yet.
R.E.A.C.H. Board Reaches Unanimous Decision to Not Challenge FCC’s One-to-One Ruling
The board gathered today to discuss a potential challenge to the FCC’s ruling on one-to-one consent — the so-called “lead generator loophole” ruling.
Back in November I would have told you that R.E.A.C.H. was almost certain to challenge the ruling.
But a few things changed since then.
Most importantly the FCC showed it was willing to listen.
Rather than just shove the ruling down all of our throats the Commission backed off a smidge in the face of opposition from the Small Business Administration pursuant to R.E.A.C.H.’s efforts, opening the door for further discussion. The Commission extended the application of the rule from 6 months to 12 months. And most importantly it re-opened the comment period to allow small businesses to weigh in on the potential impact of the ruling in the hopes that further modifications dampening its potentially devastating impact might be found and implemented.
These are important changes and it signals to me and to the board of R.E.A.C.H. that the Commission is earnestly looking for solutions and is willing to listen, be educated, and make needed adjustments to protect the tens of thousands of small businesses that will be impacted by this ruling.
Downstream Telemarketing Vendors Need to be Aware of Potential Consequences from Partner’s Violations
According to TCPAWorld.com’s Connor Treanor, a recent case involving a well-known serial plaintiff provided an important lesson:
“Downstream vendors must be cautious and ensure they are vetting leads as best as possible. You should always anticipate that if your partner loses a lawsuit or pays a settlement, you may owe some portion of indemnity…
So, if your company is a lead provider, make sure you always tread carefully. Don’t assume you’re off the hook if your lead buyer has legal troubles. Understand your contracts and remain diligent on being compliant, or you may end up losing more in the long run.”
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