TCPA 1:1 Call Rules

[JTS1]

The Debil is Humana

Definitely starting to check out.

 

[JTS1]

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

What do you mean by this part?

On one hand, the rule seems totally fair, necessary, and good.

On the other hand, rules are funny, silly, and confusing and the biggest players in the game (the carriers and the government) don't follow any anyway.

 

[whatyouwantfinally]

What do you mean by this part?

On one hand, the rule seems totally fair, necessary, and good.

On the other hand, rules are funny, silly, and confusing and the biggest players in the game (the carriers and the government) don't follow any anyway.

I'm not a lawyer, so factor that into how much weight you give my answer, but Chevron deference was a legal precedent whereby courts would defer to federal agencies when they interpreted whether the agency's rules were in accordance with ambiguous laws. In short, agencies could determine themselves whether or not their regulations were consistent with the law.

That's now gone. Here, the FCC adopted new rules claiming (among other things) that the "prior consent" required by the TCPA means they have to consent to you, by name, contacting them and that consent can't be shared or transferred.

Now, when/if it goes to court, the court won't defer to the FCC's opinion on the matter.

Hope that helps and wasn't too confusing.

 

[JTS1]

I'm not a lawyer, so factor that into how much weight you give my answer, but Chevron deference was a legal precedent whereby courts would defer to federal agencies when they interpreted whether the agency's rules were in accordance with ambiguous laws. In short, agencies could determine themselves whether or not their regulations were consistent with the law.

That's now gone. Here, the FCC adopted new rules claiming (among other things) that the "prior consent" required by the TCPA means they have to consent to you, by name, contacting them and that consent can't be shared or transferred.

Now, when/if it goes to court, the court won't defer to the FCC's opinion on the matter.

Hope that helps and wasn't too confusing.

It does help, I appreciate it.

Sounds like if someone does get in trouble, a good lawyer could argue it away.

I love new rules, rule changes, rules about rules, anything involving rules, I'm in.

Thanks again.

 

[theinsuranceman]

I believe when all of these laws go into force that most American callers will probably stop. But the overseas call centers won't stop because they are outside US legislation. They may even increase their calls to fill any voids that are created.

 

[HoosierLife]

I see it as telemarketed leads slowing down and becoming more expensive as a result since you can’t use an auto dialer to generate them, has to be a manual call. But then again that’s for people following the rules, I’m sure all the call centers overseas don’t give a **** so the onus is on you if you use those leads like I currently do. Social media generated leads won’t change, days of reselling leads will be gone hopefully so for us buying leads quality should get better in theory.

I’ve read the 72 page rule a few times. Maybe I missed this part. Are you saying that someone can’t use an auto dialer to develop leads?

That’s been true for a long time. So maybe it was referenced.

The bottom line is express written consent and you can’t hide multiple businesses opt ins in the terms and conditions.

If you have multiple businesses on an opt in, each would have to have their own separate opt in.

I mean there’s a lot more to it than that, but if someone gets express written consent to robocall or robotext, they can do still do it.

 

[jdeasy]

The rules don't apply to the companies. Only to independent brokers. The debil wants to get rid of independent and this is their latest ploy.

 

[HoosierLife]

The rules don't apply to the companies. Only to independent brokers. The debil wants to get rid of independent and this is their latest ploy.

This is an FCC rule. Not CMS.

 

[jdeasy]

This is an FCC rule. Not CMS.

Good one!!!

 

[whatyouwantfinally]

Good one!!!

The FCC is kind of a joke, but the civil cases are getting serious.

Allstate forked over a $4.5 million TCPA settlement over agents using overseas call centers. They're in the middle of another.

STUNNING VICARIOUS LIABILITY LOSS FOR ALLSTATE: Allstate Loses Summary Judgment and is Found to Have Willfully Violated TCPA Through Acts of Independent Agents–And the Entire Insurance Industry is on Notice

Holy moly. Let’s talk about insurance real quick. Insurers often sell their products using a combination of employees, captive and independent agents and affiliated brokers. While insurers understand they are liable for the action of their employees, most assume–in most instances at least–they...

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