Overview
After the Federal Communications Commission (FCC) updated the Telephone Consumer Protection Act (TCPA) in December 2023 to close the “lead generator loophole,” many in the lead-gen ecosystem were left with more questions than answers. As more TCPA updates landed in the weeks after (e.g. use of AI, consent revocation), businesses began to panic. However, this is not a time to panic, but a time to prepare, and our FCC webinar series is here to help.
While the new rulings may seem intimidating and confusing, our webinar series will help keep your business at the forefront of compliance as our panel aims to add clarity to the undefined world of robocalls and robotexts.
In the fourth episode of our FCC-centric webinar series, ActiveProspect’s Director of Privacy, Security, and Compliance, Benjamin Farrar, was joined by Troutman Amin Partner, Puja Amin, and Convoso Compliance Officer, Tammy Glover Fowler, to discuss the latest TCPA updates centered around robocalls, robotexts, and revocation.
As the updated ruling takes shape over the next year before going into full effect in January 2025, businesses are advised to reassess their risk profiles and take action to prepare for the new regulatory landscape. The journey of adjusting to these new FCC regulations has truly just begun, and it’s time to stay alert, informed, and proactive in making strategic decisions.
Watch the entire webinar here
Episode 4 highlights
Introductions
Tammy Glover Fowler: “Hello, thanks for having me. So, I’ve been working in the telemarketing space, legal and regulatory compliance for over 17 years. Most of that time was spent in the telemarketing space –10 years of those. I started Convoso’s compliance department over two years ago and my oversight is with TCPA, TSR, [and] state regulation. Prior to Convoso, I worked for Bridgestone America’s law department as a compliance specialist and as a compliance bank auditor… And then prior to that, in my telemarketing space, I worked for a large telemarketing company in Ohio who had brick-and-mortar call centers all over the state –35 to 40– so I managed compliance for all of those centers.”
Puja Amin: “Hi. I am Queenie of TCPA World… Puja Amin of Troutman Amin, LLP, and I’m also a board member of R.E.A.C.H., Responsible Enterprises Against Consumer Harassment… I am a TCPA defense class action attorney and compliance guru, if you will, in the TCPA space and the privacy space. My partner, Eric J. Troutman, The Czar, and I built this firm to really focus on TCPA class litigation to help companies and brands and call centers all across the country, to help them be compliant with all these ticky-tack rules that you’re about to hear about today.”
Tammy Glover Fowler on the grey area of “logical and topical”
“To go back to what Puja was talking about ‘logically and topically,’ you know, [the FCC] did not define that because it’s almost impossible. You know, how can you even provide definitions for that? That’s something that’s just going to have to be argued in the end. You know, I’m not seeing telemarketing regulations defined with such distinctiveness unless it’s like, number of months or number of years, or record-keeping requirements, things like that, but logically and topically, that’s just too difficult.”
Puja Amin on the FCC’s recent TCPA revocation update
“Everyone’s very focused on the 1-to-1 consent rules, which they should be and they ought to be, but these new revocation rules are just massive. And I’m not hearing enough folks talk about this and that’s scary. I remember I walked into The Czar’s [Eric Troutman] office just a few weeks ago, and I was like, ‘You keep talking about this 1-to-1 consent ruling… But to me, the biggest piece right now is the informational marketing opt-out dynamics that are going to take place here.’”
Benjamin Farrar on the opportunity for future improvement
“…From a compliance officer, compliance view perspective, I mean, all of this is to try to be optimistic. It’s an opportunity to take a look at your business models and see where you could improve, provide more transparency, and think from the consumer. So it’s gonna force that and, of course, make sure you have great legal counsel aware for those hard-to-answer questions. Some of them may be easier than you think, but it’s great to have those advocates who can answer those quickly for those things to help control the risk that you might be facing in the lead generation and call center space.”
Helpful Resources
- Learn more about the highest standard for independent proof of consent.
- Discover Ping Pick Post, our proposed solution for the new regulatory landscape.
- Prepare your business for January 2025.
ActiveProspect is committed to being a guiding force in the lead-gen space as we navigate the evolving regulatory landscape together. Be sure to be on the lookout for our next FCC-centric webinar coming in March.
