At the Convoso Southeast LeadGen Regional Roadshow in November, two
leading compliance attorneys shared the latest updates in TCPA compliance, best practices on texting and caller ID, and why consumer privacy regulations will surge in 2023. Convoso VP of Marketing Lisa Leight hosted a panel with Puja Amin (Co-Founder of Troutman Firm and contributor to TCPAworld.com) and Michele Shuster (Founding Partner at Mac Murray & Shuster).
Explore highlights from their discussion below, and get the need-to-know insights from their conversation—along with a sneak peek at what may be on the compliance horizon.
TCPA Risks Remain High, Requiring a Proactive Approach to Compliance
Discussing the current environment, Puja Amin alluded to the fact that many businesses might be getting a little bit too comfortable when it comes to TCPA compliance these days. Ever since the Supreme Court’s ruling in Facebook v. Duguid Amin says there’s been a lot of talk about TCPA being less risky. Of course, this isn’t true, she says, as the TCPA remains a golden goose for many plaintiff’s lawyers and regulators. In fact, this year alone, there were ten different seven-figure settlements in TCPA cases.
Amin and Shuster recommended that businesses should get back to focusing on the fundamentals of TCPA compliance, implementing best practices and a proactive approach centered around a solid “defensible position.”
“The way you get from fear to feeling good about what you’re doing within your business is building a defensible position,” says Shuster. “You don’t ever want to be surprised by a regulator or plaintiff’s attorney sending you a notice. You want to be able to say immediately, ‘we’ve reviewed these issues and we know exactly where we stand.’ Effectively, you’re saying ‘this is how we’re complying with it and this is our defensible position.’”
Partners and Consent: “The Next Shockwave”
Recently, at the Professional Association for Consumer Engagement (PACE) Annual Convention and Expo in Nashville, Shuster took part in a fireside chat with Lois C. Greisman, Associate Director for the Division of Marketing Practices at the FTC. Among the topics they discussed, Shuster described a recent lawsuit by the Pennsylvania Attorney General’s office as the most important development that call centers will want to watch.
At issue in the lawsuit is lead provider Fluent, Inc.’s generation of leads (and, in turn, robocalls) on behalf of huge lists of hundreds of marketing partners. Shuster described litigation around this use of linked marketing partners to get consent as the next “shock wave” that’s going to hit the industry and shake up both lead generation and consent documentation practices.
“This is going to be an interesting area [as the Fluent case and others move forward],” said Shuster. “We’re going to have to get creative as an industry about how we’re going to handle those marketing partners lists because everybody uses them. And there are some things that we can do to make sure that our marketing partner lists are clear and conspicuous, and that the consumer knows they’re going to receive a certain amount of calls from a certain industry during a certain period of time.”
CTIA Issues Best Practices on SMS Texting and Caller ID
In the face of evolving risks in the voice channel, many businesses are increasingly relying on SMS outreach to reliably contact their leads and customers. The panel highlighted recent work the CTIA, a telecoms trade association, has produced to standardize best practices and support compliance. The CTIA has compiled best practices for obtaining consent to send text messages, as well as what should be in text messages, in its updated Messaging Principles & Best Practices.
In addition, the CTIA has been focusing on creating a registered caller database that will enable companies to better utilize branded caller ID. Convoso will soon support customers who wish to use this service as it becomes available, so be on the lookout for updates on this important new tool.
A Look Ahead to 2023, a Year Set to Be “All About Privacy Laws”
While in the past couple of years we’ve seen the rise of state-level, “mini-TCPA” laws in Florida, Michigan, Oklahoma, and Washington, Michelle Shuster says 2023 is going to be all about privacy laws. Five states have already passed their own privacy laws, and more may be on the way—all while the American Data Privacy Protection Act is pending in Congress.
It remains to be seen whether this federal law will preempt state-level privacy laws. California, for one, is fighting to make sure that there will not be any sort of preemption. If they’re successful, this could be disastrous for businesses, says Shuster. Organizations would be left to wade through a nationwide patchwork of individual laws with different requirements. With a number of scenarios possible in the next year, Shuster emphasized that now is the time for businesses to get their affairs in order and work with counsel to get ahead of new regulations.
“Pay attention to the state privacy laws,” Shuster said. “As they go into effect, it’s the most dangerous time because regulators want to find big offenders that they can make a big splashy news release with—and you do not want to be with that company or related to that company.”
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.
Get a recap of the latest contact center compliance news delivered monthly to your inbox.
