TCPA 1:1 Call Rules

[HoosierLife]

With the Supreme Court ruling last week on Chevron Deference, won't this rule go away if it wasn't a law enacted by Congress?

Definitely gonna hamper fed agencies like CMS, FCC, even the ATF.

 

[JTS1]

Definitely gonna hamper fed agencies like CMS, FCC, even the ATF.

Now I'm curious, as a person of moderate intelligence, I have no idea what this means.

Can someone explain?

Will the new call rules go into effect in January 2025?

Is it now a maybe?

 

[jdeasy]

Now I'm curious, as a person of moderate intelligence, I have no idea what this means.

Can someone explain?

Will the new call rules go into effect in January 2025?

Is it now a maybe?

What rules? Those are for suckers. I get a dozen calls a day for Medicare. Every one supposedly illegal. I record them all. I report them all to the DNC and to CMS. They don't care because the companies want the call centers calling and the companies own CMS.

 

[JTS1]

What rules? Those are for suckers. I get a dozen calls a day for Medicare. Every one supposedly illegal. I record them all. I report them all to the DNC and to CMS. They don't care because the companies want the call centers calling and the companies own CMS.

Haha, now this makes sense.

When I first realized the carriers were "in on it," it was like seeing things clearly for the first time.

I didn't realize the companies "own CMS," what's that about?

Btw, my main reason for asking is b/c if something does happen, I'm certain the agent (me) will be left holding the bag.

 

[Allen Trent]

From what I understand, for the last 40 years, courts have ruled generally that Government agencies, when not clear in written laws, had the benefit of the doubt in enforcing rules & regulations those government agencies created "Chevron Deference".

Now, the Supreme Court ruling last week appears to flip that to say that courts will have to rule as to whether the government agency had clear legal authority to apply the rule or regulations in the laws passed by Congress.

Soooo, apparently, if indivduals or others challenge an agencies rule or regulation, the court will look to see if the agency had the written law to back up what they were enforcing.

IE: DOL has authority over employer retirement plans in written law, but they were recently trying to create rules to regulate IRAs & some annuities, which they dont have clear authority in any laws by Congress to do so.

Again, that is my understanding. I am sure more is to come as some agencies will drop their rules/regulations & others will be decided in court as to whether the agency had the authority to create the rule or regulation in the first place

 

[JTS1]

From what I understand, for the last 40 years, courts have ruled generally that Government agencies, when not clear in written laws, had the benefit of the doubt in enforcing rules & regulations those government agencies created "Chevron Deference".

Now, the Supreme Court ruling last week appears to flip that to say that courts will have to rule as to whether the government agency had clear legal authority to apply the rule or regulations in the laws passed by Congress.

Soooo, apparently, if indivduals or others challenge an agencies rule or regulation, the court will look to see if the agency had the written law to back up what they were enforcing.

IE: DOL has authority over employer retirement plans in written law, but they were recently trying to create rules to regulate IRAs & some annuities, which they dont have clear authority in any laws by Congress to do so.

Again, that is my understanding. I am sure more is to come as some agencies will drop their rules/regulations & others will be decided in court as to whether the agency had the authority to create the rule or regulation in the first place

So it sounds like a "maybe."

Looks like I'll keep pounding the phones until the regulators kick in the door.

If/when.

Appreciate the info.

 

[jdeasy]

Haha, now this makes sense.

When I first realized the carriers were "in on it," it was like seeing things clearly for the first time.

I didn't realize the companies "own CMS," what's that about?

Btw, my main reason for asking is b/c if something does happen, I'm certain the agent (me) will be left holding the bag.

The Debil bought CMS in 2008. Implemented MIPPA and cut commissions.

 

[JTS1]

The Debil bought CMS in 2008. Implemented MIPPA and cut commissions.

As in "THE" Debil?

Since "Big Gubment," is basically a satanic system, this is all starting to check out.

 

[jdeasy]

As in "THE" Debil?

Since "Big Gubment," is basically a satanic system, this is all starting to check out.

The Debil is Humana

 

[whatyouwantfinally]

With the Supreme Court ruling last week on Chevron Deference, won't this rule go away if it wasn't a law enacted by Congress?

This is a really good question and will likely play out in court. It doesn't mean he rule goes away, but probably makes it really vulnerable to legal challenge.

If you can't read the TCPA law and determine these rules were clearly what was intended...