The problem of reassigned numbers has only worsened. At issue is use of the autodialer. Unfortunately, using an autodialer increases your risk for regulatory violations. Are you next?
Tag: FCC
B2B Marketing: Winning the Struggle with TCPA Compliance
Telemarketing regulations are very complex and often confusing to companies both large and small. That is especially true for business-to-business marketers.
Court Dismisses Kohl’s TCPA Class Action
The New Jersey district federal court dismissed a putative class action against Kohl’s Department Stores. In its decision, the court rejected the plaintiff’s claim that sentence long opt-out replies to automated text messages were a “reasonable” method for revoking consent under the TCPA. The plaintiff failed to follow Kohl’s explicit instructions which provided a clear… Continue reading Court Dismisses Kohl’s TCPA Class Action
TCPA Wireless Regulations
TCPA regulations have forced a shift in marketing strategies to be more focused on “permission based” marketing practices. The burden of proof for obtaining “prior written consent” rests with the company initiating the contact with the customer. The FCC defines an Auto Dialer as equipment which has the capacity “(A) to store or produce telephone… Continue reading TCPA Wireless Regulations
$120 Million Fine Largest Ever Against CallerID Spoofer
The FCC claims that Adrian Abramovich engaged in “neighbor spoofing,” which is when ID information that is displayed on a caller ID is falsified to display the area code and the first three digits of the recipient’s own phone number. This is a tactic used to increases the odds that the consumer will answer. Now,… Continue reading $120 Million Fine Largest Ever Against CallerID Spoofer
Why Are There So Many TCPA Lawsuits Today
The quick answer . . . “Serial Litigators”. Who are they? Serial litigators opt into lead generation programs intent on turning them into TCPA and class action lawsuits. These experienced litigators have sued before and know exactly what they are doing. Their strategy includes methodically completing online forms and responding to texts that place them… Continue reading Why Are There So Many TCPA Lawsuits Today
PSAP Registry – An Imminent Reality
According to industry reports, the FCC is expected to release the Do-Not-Call Registry of Public Safety Answering Points (PSAP) in 2017. After years of review, details will soon emerge that address access to the data by marketers and the corresponding fines directed at telemarketers for each violation. You’ll recall that in 2012 congress ordered the… Continue reading PSAP Registry – An Imminent Reality
Federal Judges Grill FCC During October 19 Hearing on ACA Appeal
The American Collections Association, along with 7 other companies and trade associations, all filed suit against the FCC in 2015 following the FCC’s July 2015 Order “clarifying” the definition of an autodialer, who the “called party” is, and how to revoke consent. All 7 suits were consolidated in the D.C. Federal Circuit Court of Appeals. … Continue reading Federal Judges Grill FCC During October 19 Hearing on ACA Appeal
FCC’s Robocall Strike Force Meets, Considers Solutions
The Federal Communications Commission held its first meeting of the Robocall Strike Force, with more than 33 companies and organizations represented for the concerted effort to strike out robocalls. An industry-led Strike Force group committed “to developing comprehensive solutions to prevent, detect, and filter unwanted robocalls” answered the call of FCC Chairman Tom Wheeler to… Continue reading FCC’s Robocall Strike Force Meets, Considers Solutions
FCC Hosts First Meeting of Industry-Led Robocall Strike Force
On August 19, 2016, the FCC hosted the first meeting of the Robocall Strike Force, an industry-led group that is committed to developing comprehensive solutions to prevent, detect, and filter unwanted robocalls. Robocalls and telemarketing calls are the number one source of consumer complaints received by the FCC. Following a call to action by FCC… Continue reading FCC Hosts First Meeting of Industry-Led Robocall Strike Force