Compliance
Webinar

Q4 2024 Compliance Update with Michele Shuster - Webinar Recap

Michele Shuster, Managing Partner at Mac Murray & Shuster, wrapped up the year in compliance updates by laying out the latest developments in telemarketing regulations, focusing on the upcoming one-to-one consent requirements, and sharing practical strategies to minimize compliance risks.

The discussion with Convoso's Chief Marketing Officer Lisa Leight covers the implications of the Insurance Marketing Coalition case and the FTC's "no junk" rule, along with an overview of legislation that was passed in 2024 and best practices for businesses looking ahead to 2025.

Read our recap below and/or watch the replay.

The impact of one-to-one consent rules

The one-to-one consent rules, set to take effect on January 27, 2025, mandate prior express written consent for calls using regulated technology, such as pre-recorded messages, artificial voices, or autodialing systems. Consent must be specific to one seller and logically and topically related to the website or context where it was obtained. This change means businesses can no longer rely on broad consent forms covering multiple affiliates or unrelated services.

IMC oral arguments

The Insurance Marketing Coalition (IMC) has challenged the FCC’s authority to enforce these one-to-one consent rules, arguing they exceed the scope of the Telecommunications Act. During oral arguments, judges expressed skepticism about whether the FCC had overstepped its regulatory powers. While a stay on the rules’ enforcement is possible, Michele advised businesses to prepare as if the rules will take effect as scheduled.

Key state-specific regulations to watch

California’s updated autodialer definitions now include artificial voices, aligning with federal law. Maine requires scrubbing against the reassigned number database before making calls. New York mandates disclosures within the first 30 seconds of a call, including informing consumers of their right to be added to an internal do-not-call list.

Changes to revocation of consent

The FCC has shortened the time businesses have to honor Do Not Call (DNC) requests from 30 days to 10 business days. Consumers can revoke consent through any reasonable means, including informal requests or even emojis. Proper training for agents is crucial to ensure compliance.

Preparing for the FTC’s “junk fee” rule

The FTC’s new "junk fee" rule requires all advertised prices to include mandatory fees for full transparency. Though not yet effective, businesses should prepare now to adjust pricing and advertising practices.

Best practices for compliance

Michele shared practical strategies to minimize compliance risks. Agent training is critical to ensure they understand how to handle DNC requests and avoid confrontations, which can lead to consumer complaints or lawsuits. Scrubbing against reassigned number databases is essential to avoid unintentional violations and offers a safe harbor for compliance. Dynamic scripting tools allow businesses to adjust scripts based on state-specific requirements. For scenarios requiring higher levels of human intervention, solutions like Convoso’s CallCatalyst™ are invaluable.

Looking ahead

With the one-to-one consent rules looming and increased litigation expected in 2025, businesses must prioritize compliance now more than ever. While challenges to the FCC’s authority are ongoing, the risks of non-compliance are too significant to ignore. As Michele noted, “Hope for the best, but prepare for the worst.”

For more insights on compliance and best practices, stay tuned for our next webinar. In the meantime, explore Convoso’s call center compliance tools to ensure your business is ready for the challenges ahead.

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.