Telemarketing
TCPA Revocation of Consent Rule Effective April 2025
By Richard B. Newman |
As previously blogged about in detail here and here, the TCPA rules on revoking consent for unwanted robocalls and robotexts becomes effective in April 2025. Revocation of prior express consent for autodialed, prerecorded or artificial voice calls (and autodialed texts) must be permitted to be made by “any reasonable means.” Additionally, callers may not infringe…
Eleventh Circuit Vacates TCPA One-to-One Consent Rule Immediately After FCC Postpones its Effective Date
By Richard B. Newman |
On the eve prior to its effective date, the FCC’s One-to-One Consent Rule which sought to redefine the meaning of “prior express written consent” under the Telephone Consumer Protection Act, was postponed for one year by order of the FCC’s Consumer and Government Affairs Bureau. Just minutes thereafter, the rule was struck down by the…
Lead Generation One-to-One TCPA Consent Rule and Marketing Contract Considerations
By Richard B. Newman |
The FCC’s new rule requiring one-to-one consent becomes effective January 27, 2025. Much has been made about the myriad nuances those in the lead generation ecosystem must attend to in order to comply with the new rule. However, an often overlooked aspect of the new rule involves required and diligent contracting practices associated therewith. In…
FCC Issues FAQs for Lead Generation One-to-One TCPA Consent Rule
By Richard B. Newman |
On December 23, 2024, the Federal Communications Commission issued FAQs: One-to-One Consent Rule for TCPA Prior Express Written Consent. What is the FCC’s New One-to-One Consent Rule In December 2023, the FCC adopted new rules in the Second Report and Order to combat unwanted and illegal telemarketing calls and texts, including a rule that closed…
FTC Scrutinizing Healthcare Lead Generators and Marketers as Open Enrollment Begins
By Richard B. Newman |
The Federal Trade Commission is closely scrutinizing the healthcare lead generation and marketing industry. On December 10, 2024, the Federal Trade Commission announced that it has sent warning letters to 21 companies that market or generate leads for healthcare plans. The letters were sent as open enrollment season for healthcare plans is ongoing. They provide guidance and…
TCPA Rules on Revoking Consent for Unwanted Robocalls and Robotexts Effective April 2025
By Richard B. Newman |
On October 11, 2024, the Federal Communications Commission announced that the effective date for Telephone Consumer Protection Act (TCPA) rules on revoking consent for unwanted robocalls and robotexts is set for April 11, 2025. On February 15, 2024, the FCC adopted the TCPA Consent Order in the above-captioned proceeding. In that rulemaking, the FCC adopted…