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.
5th FCC Commissioner Confirmed Making FCC Back at Full Strength
Ms. Gomez was officially confirmed as the fifth and final FCC commissioner, bringing the FCC back to full strength.
The FCC now has 3 Democratic Commissioners—led by Chairwoman Rosenworcel—and 2 Republican Commissioners.
This occurred precisely in line with my timing prediction and empowers the Commission to rule on the pending NPRM ahead of the end of the year.
Class Action Up as TCPA Lawsuits Hit Double Digits From 2022
While Facebook weakened one line of attack, the Plaintiffs bar just shifted to other lines of attack and kept coming.
These days prerecorded calls and calls to numbers on the DNC are driving the massive bulk of TCPA filings–although occasional ATDS claims will still be brought (fn7 is still an issue!)
And the Plaintiffs’ bar has really found its stride. According to the stats provided by the good folks at WebRecon, TCPA filings YTD are up a staggering 16.8% from last year! Holy smokes.
Even more stunning–at least to me–66.2% of all TCPA cases filed last month were CLASS ACTIONS.
Deleware Now the 13th State to Enact Consumer Data Privacy Laws After Governor Signed into Law HB154
Delaware is already known for being the mecca of corporations, seriously 66% of the Fortune 500 call the state “home”. Now it can include being the 13th state to roll out consumer data privacy laws to its repertoire if you will. Governor Carney signed HB154 into law on Monday, September 11th, and the law will take effect on January 1, 2025.
Fluent Asks Those Who Bought Consumer Data From It Prior to May 2023 to Delete it
So as everyone knows now the FTC’s telemarketing sweep came down like a hammer and crushed a bunch of consent farms and bad actors (and perhaps a few good actors too–don’t want to over generalize.)
One of the companies that was hit pretty hard was Fluent. They agreed to an incredibly strict consent order–but I am also told they had mostly cleaned up their less savory tactics before the FTC came knocking anyway. That’s good to hear, of course.
As part of their deal with the Commission Fluent is literally asking folks that bought data from them to delete it. If you haven’t received one of these yet–and you may have–check this out.
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