The document summarizes a compliance webinar that discussed recent presentations from the FTC and FCC on contact center regulations. It provides an agenda that includes updates on FTC and FCC enforcement actions against illegal robocalls and do not call violations. The webinar also featured speakers from the FTC, FCC, and ATA discussing issues like broadband access, job growth in contact centers, spectrum allocation, and pending rulings on liability and pre-recorded calls.
The document discusses issues with Section 301 of the 1996 Telecommunications Act regarding cable reform. It argues that while the Act aimed to increase competition, it has instead allowed consolidation resulting in limited choices and high prices for consumers. Specifically, Section 301's broad categorization of equipment costs and assumption that installation charges would not vary significantly have not accounted for technological changes and local monopolies. The document proposes amendments to Section 301, such as more specific equipment categorization based on type and usage, and holding companies accountable if providing faulty equipment or limited service choices due to local monopolies. The goal is to update the law for current market realities and benefit consumers.
The document discusses issues with Canada's Do Not Call list including:
1) Out-of-country telemarketers are accessing the list and making unwanted calls to Canadians despite being beyond the CRTC's regulatory reach.
2) The CRTC dismisses the vast majority of complaints as invalid without investigation, and oversight of complaints against major companies raises a conflict of interest issue.
3) Despite thousands of complaints each month, the CRTC has yet to levy any fines and instead issues warnings, calling into question the effectiveness of enforcement.
Wireless advertising messaging legal analysis & public policy issues, a reviewAndrew Olsen
This document analyzes the legal and policy issues surrounding wireless advertising messaging (WAM). It discusses how WAM grew to an epidemic level in Japan and Europe due to a lack of regulation. While not yet a major problem in the US, WAM is expected to grow significantly. The document examines efforts by the FTC, FCC, states, and wireless industry to regulate WAM through legislation, guidelines, and self-regulation. It concludes that the most effective solution will likely involve a combination of advertising association guidelines, industry self-regulation, and targeted federal laws and oversight.
Mobile Communications Marketing: Effective Compliance Strategies to Avoid Pen...Ryan Thurman
Christine Reilly and David Kaminski presented a seminar on effective mobile marketing compliance strategies under the Telephone Consumer Protection Act (TCPA). They discussed how the TCPA regulates automated calls and texts to mobile phones, including requiring prior express written consent for telemarketing. They also explained recent changes that tightened the rules, such as needing written consent as of October 2013, and common issues companies face with TCPA compliance.
This document discusses regulation and enforcement actions facing the prepaid calling card industry. It notes that regulation has tended to become more restrictive over time through the "ratchet effect." Recent enforcement focus has been on providers failing to pay regulatory fees, file required forms, and obtain necessary certifications. The FCC, state public service commissions, and attorneys general have all been investigating providers for issues like misleading marketing, lack of disclosures, and operating without proper authorization. The document advises providers to actively manage regulatory compliance to reduce legal risks and expenditures.
TCPA and Contact Center Law: What's on the Horizon in 2017? Ryan Thurman
This document summarizes a webinar presentation about TCPA and contact center law. It discusses the regulatory authorities of the FCC, FTC, and state regulators over telemarketing laws. It also summarizes recent TCPA and TSR amendments regarding autodialers, consent, and penalties. Upcoming legal issues are discussed, such as the definition of an autodialer and recent favorable court cases. Compliance strategies for 2017 like scrubbing lists of litigators and wireless numbers are also presented.
Knowing your consumer collection laws Mark Goodman
This document summarizes a 2014 workshop on consumer collection laws and regulations. It discusses the Consumer Financial Protection Bureau (CFPB) and laws like the Fair Debt Collection Practices Act (FDCPA) that regulate collection practices. Key points include requirements around contacting debtors by phone or other means, restrictions on collecting time-barred debts, and the importance of training collectors and maintaining a culture of compliance. The workshop emphasizes understanding and complying with evolving regulations to avoid penalties and protect borrowers.
The document discusses issues with Section 301 of the 1996 Telecommunications Act regarding cable reform. It argues that while the Act aimed to increase competition, it has instead allowed consolidation resulting in limited choices and high prices for consumers. Specifically, Section 301's broad categorization of equipment costs and assumption that installation charges would not vary significantly have not accounted for technological changes and local monopolies. The document proposes amendments to Section 301, such as more specific equipment categorization based on type and usage, and holding companies accountable if providing faulty equipment or limited service choices due to local monopolies. The goal is to update the law for current market realities and benefit consumers.
The document discusses issues with Canada's Do Not Call list including:
1) Out-of-country telemarketers are accessing the list and making unwanted calls to Canadians despite being beyond the CRTC's regulatory reach.
2) The CRTC dismisses the vast majority of complaints as invalid without investigation, and oversight of complaints against major companies raises a conflict of interest issue.
3) Despite thousands of complaints each month, the CRTC has yet to levy any fines and instead issues warnings, calling into question the effectiveness of enforcement.
Wireless advertising messaging legal analysis & public policy issues, a reviewAndrew Olsen
This document analyzes the legal and policy issues surrounding wireless advertising messaging (WAM). It discusses how WAM grew to an epidemic level in Japan and Europe due to a lack of regulation. While not yet a major problem in the US, WAM is expected to grow significantly. The document examines efforts by the FTC, FCC, states, and wireless industry to regulate WAM through legislation, guidelines, and self-regulation. It concludes that the most effective solution will likely involve a combination of advertising association guidelines, industry self-regulation, and targeted federal laws and oversight.
Mobile Communications Marketing: Effective Compliance Strategies to Avoid Pen...Ryan Thurman
Christine Reilly and David Kaminski presented a seminar on effective mobile marketing compliance strategies under the Telephone Consumer Protection Act (TCPA). They discussed how the TCPA regulates automated calls and texts to mobile phones, including requiring prior express written consent for telemarketing. They also explained recent changes that tightened the rules, such as needing written consent as of October 2013, and common issues companies face with TCPA compliance.
This document discusses regulation and enforcement actions facing the prepaid calling card industry. It notes that regulation has tended to become more restrictive over time through the "ratchet effect." Recent enforcement focus has been on providers failing to pay regulatory fees, file required forms, and obtain necessary certifications. The FCC, state public service commissions, and attorneys general have all been investigating providers for issues like misleading marketing, lack of disclosures, and operating without proper authorization. The document advises providers to actively manage regulatory compliance to reduce legal risks and expenditures.
TCPA and Contact Center Law: What's on the Horizon in 2017? Ryan Thurman
This document summarizes a webinar presentation about TCPA and contact center law. It discusses the regulatory authorities of the FCC, FTC, and state regulators over telemarketing laws. It also summarizes recent TCPA and TSR amendments regarding autodialers, consent, and penalties. Upcoming legal issues are discussed, such as the definition of an autodialer and recent favorable court cases. Compliance strategies for 2017 like scrubbing lists of litigators and wireless numbers are also presented.
Knowing your consumer collection laws Mark Goodman
This document summarizes a 2014 workshop on consumer collection laws and regulations. It discusses the Consumer Financial Protection Bureau (CFPB) and laws like the Fair Debt Collection Practices Act (FDCPA) that regulate collection practices. Key points include requirements around contacting debtors by phone or other means, restrictions on collecting time-barred debts, and the importance of training collectors and maintaining a culture of compliance. The workshop emphasizes understanding and complying with evolving regulations to avoid penalties and protect borrowers.
The Supreme Court approved online sales taxes and a dangerous email bill advanced in California. The Supreme Court ruled states can collect sales tax from online retailers without a physical presence. A bill in California seeks to greatly expand the state's commercial email law and impose liability, though it was amended due to opposition. The European Union passed measures that could require platforms to pay for links to content and use automatic filtering, raising censorship concerns.
Fcc open internet proceeding michael horneyMichael Horney
1) The document is a letter from Michael J. Horney, a 23-year-old economics graduate, to the FCC regarding its open internet proceeding.
2) Horney argues that a free market approach to broadband regulation best allows consumer preferences to be expressed, citing examples of innovation and investment under less regulated models.
3) He contends there is no evidence of market failure in broadband and that further regulation could stifle innovation, investment, and consumer choice, pointing to negative outcomes from more regulated approaches in other countries.
The document discusses various risks and regulatory issues related to affiliate marketing. It outlines what affiliate marketing is, who uses it, and the key players involved. Some risks discussed include compliance with anti-spam laws, dealing with online gambling regulations, and New York's "Amazon tax" which expanded sales tax collection requirements for out-of-state online retailers based on in-state affiliate marketing activities.
Compliance Tips for Outbound Debt Collection CommunicationsJohn Pisarek
This document discusses compliance best practices for outbound debt collection communications. It provides an overview of the key compliance laws in the US, including the FDCPA, TCPA, and rules from the CFPB. Non-compliance can result in huge penalties, including millions in damages from class action lawsuits. The document recommends obtaining proper consent for calls and texts to mobile phones. It also advises having policies to manage communications frequency, mobile opt-ins, and providing proper disclosures to consumers.
All product and company names mentioned herein are for identification and educational purposes only and are the property of, and may be trademarks of, their respective owners.
TCPA Compliance Experts Explain How to Avoid Fines in 2015 Connect First
This webinar presentation will provide you with helpful guidance to ensure that you are remaining compliant in your contact center. Join experts from Connect First, Contact Center Compliance, the Professional Association of Customer Experience (PACE), and Neustar as they present an informative webinar on TCPA compliance. Industry experts include; Ryan Thurman of Contact Center Compliance and Geoff Mina, the CEO of Connect First, and Mitch Young of Neustar.
Discussion Topics: TCPA overview and update, 2015 case updates and lessons learned, and how to ensure you remain TCPA compliant
Brito & Ellig Reg Analysis And Cable Franchising 2008Mercatus Center
The document discusses regulatory analysis of video franchising debates. It summarizes the history of cable franchising laws and regulations. Critics argue that local franchising requirements still create barriers to entry that reduce competition. The analysis examines the costs of franchise monopolies, including higher prices and fewer choices for consumers. Removing unreasonable franchising barriers could boost competition and lower costs, generating an estimated $10 billion annually in benefits for consumers and communities.
The document provides a situation analysis and recommendations for Bell Canada's consumer relations strategy regarding the Canadian Radio-telecommunications Commission's ruling allowing internet service providers to implement usage-based billing. It summarizes criticisms of the ruling, public outcry against it, and a software glitch by Bell that overcharged some customers. The analysis identifies Bell's key publics and recommends objectives, increasing communication, addressing the software issue, monitoring social media, utilizing polls, assessing competitors, and holding community meetings to improve consumer relations.
The document summarizes several FCC actions and industry developments:
1) The FCC will seek comment on proposals regarding voluntary incentive auctions of broadcast spectrum, mobile spectrum holdings, and updating satellite and earth station rules.
2) The FTC released a business guide for mobile application developers about marketing and privacy principles.
3) The FCC will forbear from certain foreign ownership restrictions for common carrier licenses under certain conditions.
4) An appeals court upheld an injunction against a company streaming TV without broadcaster consent.
COMMISSIONER THOMAS J. ROSCH FEDERAL TRADE COMMISSION-FTC, USA
J. Thomas Rosch was sworn in as a Commissioner of the Federal Trade Commission January
5, 2006, to a term that expires in September 2012.
Rosch joined the FTC from the San Francisco office of Latham & Watkins, where he was the
former managing partner and most recently a partner, working in the firm‟s antitrust and trade
practices group. Rosch served as chair of the American Bar Association‟s Antitrust Section in
1990, and he has chaired the California Bar Association‟s Antitrust Section. He served as the
FTC‟s Bureau of Consumer Protection director from 1973 to 1975, and in 1989 was a member
of the Special Committee to Study the Role of the FTC.
Nationally regarded for his antitrust and trade regulation law expertise and as a Fellow of the
American College of Trial Lawyers for more than 20 years, he has been lead counsel in more than 100 federal
and state court antitrust cases and has more than 40 years experience before the Bar. In 2003, Rosch was
honored as Antitrust Lawyer of the Year by the California State Bar Antitrust Section. He obtained his LLB from
Harvard University in 1965 and was a Knox Fellow at Cambridge in 1962.
Rosch is married with two children and four grandchildren.
New TCPA Requirements for "Prior Express Written Consent" Effective October 16Patton Boggs LLP
This document summarizes new requirements under the Telephone Consumer Protection Act (TCPA) for obtaining "prior express written consent" before making telemarketing calls or texts. Beginning October 16, 2013, companies must get written permission that specifically authorizes automated calls or prerecorded messages to wireless or residential lines. The rules also eliminate exceptions for current customers and require consent for each phone number. Violations of the new consent rules could result in substantial damages in consumer lawsuits. Companies are advised to review their practices to ensure compliance.
The document summarizes an interview with Alison Kutler from the FCC about the Telephone Consumer Protection Act (TCPA) and rules around robocalls. Some key points include:
- The TCPA aims to protect consumers from unwanted robocalls as technology advances.
- The FCC receives nearly 270,000 complaints about unwanted calls and robocalls annually.
- Obtaining proper consumer consent is important, and consent cannot be assumed based on an existing relationship.
- Best practices for businesses include getting written consent when required, keeping good records, and honoring consumer requests to revoke consent.
Comcast threatened to block Netflix if a fee was not paid by Level 3, a partner in Netflix's online streaming. This raised concerns about net neutrality and allowing internet providers to control access. The FCC wants to regulate broadband to prevent discrimination, but was rebuked by a court. The FCC may allow different service levels but forbid blocking content. There are ethical issues around who controls internet access and preventing monopolies to ensure a free and open internet. Limited FCC oversight may be needed to enforce net neutrality and fair competition.
AutoCon2012 Workshop - Dealer Compliance in a Digital Age - with Jim RadognaJim Radogna
This document discusses best practices for car dealers to avoid legal issues related to their digital advertising and presence. It outlines six key areas that regulators are focusing on: online advertising, online reviews, social media, contests and sweepstakes, text message marketing, and online privacy. The document provides examples of car dealers receiving fines for misleading advertising online and warns that regulators are actively monitoring dealers' digital activities. It provides guidance on ensuring advertising and online reviews comply with regulations to avoid fines or lawsuits.
1. E-commerce involves buying and selling of goods and services through digital communications and can be categorized into models involving physical delivery of tangible products, digital delivery of products, application hosting, and e-services.
2. Taxation of e-commerce transactions raises issues around international boundaries, losses of government revenue, and potential slowing of e-commerce growth.
3. Currently internet purchases are largely not taxed due to difficulties in determining tax jurisdiction and the intangible nature of some digital products, though some large retailers have begun voluntarily collecting taxes.
James Fitzgibbons was formerly involved in the information industry in the 1980s and 1990s. He founded two companies, MOS Data and API, that became leaders in processing electoral rolls and other data for use by credit and collection industries. This increased competition and opportunities for smaller agencies. More recently, James has pursued various business ventures including a bulb farm, tool company, and a patent for solar/wind-powered cameras that can transmit footage without wiring, potentially reducing costs of speed/CCTV cameras. He is looking to partner with others on this opportunity.
The CFPB released an updated version of its Supervision and Examination Manual to reflect changes made to consumer financial regulations and examination procedures. The manual provides guidance for examiners in overseeing companies' compliance with consumer protection laws. Key changes included renumbering regulations to incorporate the CFPB's rulemaking responsibilities as well as updates to procedures for laws on mortgages, credit cards, credit reports, and other topics. The CFPB will use the manual to focus on risks to consumers, apply consistent standards across different types of financial institutions, and coordinate oversight with other regulators.
Do you contact your consumers by phone? You might only reach out to them occasionally – to inquire about a late payment or a change in the account. Still, calling your consumers – even once – means you must also adhere to the regulations established by the Telephone Consumer Protection Act (TCPA). Failure to follow the rules can result in per instance fines as high as $1,500. In this presentation, we'll address the top 10 TCPA questions in the industry with expert responses.
The Federal Trade Commission (FTC or Commission) is an independent U.S. law enforcement agency charged with protecting consumers and enhancing competition across broad sectors of the economy. The FTC’s primary legal authority comes from Section 5 of the Federal Trade Commission Act, which prohibits unfair or deceptive practices in the marketplace. The FTC also has authority to enforce a variety of sector specific laws, including the Truth in Lending Act, the CAN-SPAM Act, the Children’s Online Privacy Protection Act, the Equal Credit Opportunity Act, the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, and the Telemarketing and Consumer Fraud and Abuse Prevention Act. This broad authority allows the Commission
to address a wide array of practices affecting consumers, including those that emerge with the development of new technologies and business models.
The Supreme Court approved online sales taxes and a dangerous email bill advanced in California. The Supreme Court ruled states can collect sales tax from online retailers without a physical presence. A bill in California seeks to greatly expand the state's commercial email law and impose liability, though it was amended due to opposition. The European Union passed measures that could require platforms to pay for links to content and use automatic filtering, raising censorship concerns.
Fcc open internet proceeding michael horneyMichael Horney
1) The document is a letter from Michael J. Horney, a 23-year-old economics graduate, to the FCC regarding its open internet proceeding.
2) Horney argues that a free market approach to broadband regulation best allows consumer preferences to be expressed, citing examples of innovation and investment under less regulated models.
3) He contends there is no evidence of market failure in broadband and that further regulation could stifle innovation, investment, and consumer choice, pointing to negative outcomes from more regulated approaches in other countries.
The document discusses various risks and regulatory issues related to affiliate marketing. It outlines what affiliate marketing is, who uses it, and the key players involved. Some risks discussed include compliance with anti-spam laws, dealing with online gambling regulations, and New York's "Amazon tax" which expanded sales tax collection requirements for out-of-state online retailers based on in-state affiliate marketing activities.
Compliance Tips for Outbound Debt Collection CommunicationsJohn Pisarek
This document discusses compliance best practices for outbound debt collection communications. It provides an overview of the key compliance laws in the US, including the FDCPA, TCPA, and rules from the CFPB. Non-compliance can result in huge penalties, including millions in damages from class action lawsuits. The document recommends obtaining proper consent for calls and texts to mobile phones. It also advises having policies to manage communications frequency, mobile opt-ins, and providing proper disclosures to consumers.
All product and company names mentioned herein are for identification and educational purposes only and are the property of, and may be trademarks of, their respective owners.
TCPA Compliance Experts Explain How to Avoid Fines in 2015 Connect First
This webinar presentation will provide you with helpful guidance to ensure that you are remaining compliant in your contact center. Join experts from Connect First, Contact Center Compliance, the Professional Association of Customer Experience (PACE), and Neustar as they present an informative webinar on TCPA compliance. Industry experts include; Ryan Thurman of Contact Center Compliance and Geoff Mina, the CEO of Connect First, and Mitch Young of Neustar.
Discussion Topics: TCPA overview and update, 2015 case updates and lessons learned, and how to ensure you remain TCPA compliant
Brito & Ellig Reg Analysis And Cable Franchising 2008Mercatus Center
The document discusses regulatory analysis of video franchising debates. It summarizes the history of cable franchising laws and regulations. Critics argue that local franchising requirements still create barriers to entry that reduce competition. The analysis examines the costs of franchise monopolies, including higher prices and fewer choices for consumers. Removing unreasonable franchising barriers could boost competition and lower costs, generating an estimated $10 billion annually in benefits for consumers and communities.
The document provides a situation analysis and recommendations for Bell Canada's consumer relations strategy regarding the Canadian Radio-telecommunications Commission's ruling allowing internet service providers to implement usage-based billing. It summarizes criticisms of the ruling, public outcry against it, and a software glitch by Bell that overcharged some customers. The analysis identifies Bell's key publics and recommends objectives, increasing communication, addressing the software issue, monitoring social media, utilizing polls, assessing competitors, and holding community meetings to improve consumer relations.
The document summarizes several FCC actions and industry developments:
1) The FCC will seek comment on proposals regarding voluntary incentive auctions of broadcast spectrum, mobile spectrum holdings, and updating satellite and earth station rules.
2) The FTC released a business guide for mobile application developers about marketing and privacy principles.
3) The FCC will forbear from certain foreign ownership restrictions for common carrier licenses under certain conditions.
4) An appeals court upheld an injunction against a company streaming TV without broadcaster consent.
COMMISSIONER THOMAS J. ROSCH FEDERAL TRADE COMMISSION-FTC, USA
J. Thomas Rosch was sworn in as a Commissioner of the Federal Trade Commission January
5, 2006, to a term that expires in September 2012.
Rosch joined the FTC from the San Francisco office of Latham & Watkins, where he was the
former managing partner and most recently a partner, working in the firm‟s antitrust and trade
practices group. Rosch served as chair of the American Bar Association‟s Antitrust Section in
1990, and he has chaired the California Bar Association‟s Antitrust Section. He served as the
FTC‟s Bureau of Consumer Protection director from 1973 to 1975, and in 1989 was a member
of the Special Committee to Study the Role of the FTC.
Nationally regarded for his antitrust and trade regulation law expertise and as a Fellow of the
American College of Trial Lawyers for more than 20 years, he has been lead counsel in more than 100 federal
and state court antitrust cases and has more than 40 years experience before the Bar. In 2003, Rosch was
honored as Antitrust Lawyer of the Year by the California State Bar Antitrust Section. He obtained his LLB from
Harvard University in 1965 and was a Knox Fellow at Cambridge in 1962.
Rosch is married with two children and four grandchildren.
New TCPA Requirements for "Prior Express Written Consent" Effective October 16Patton Boggs LLP
This document summarizes new requirements under the Telephone Consumer Protection Act (TCPA) for obtaining "prior express written consent" before making telemarketing calls or texts. Beginning October 16, 2013, companies must get written permission that specifically authorizes automated calls or prerecorded messages to wireless or residential lines. The rules also eliminate exceptions for current customers and require consent for each phone number. Violations of the new consent rules could result in substantial damages in consumer lawsuits. Companies are advised to review their practices to ensure compliance.
The document summarizes an interview with Alison Kutler from the FCC about the Telephone Consumer Protection Act (TCPA) and rules around robocalls. Some key points include:
- The TCPA aims to protect consumers from unwanted robocalls as technology advances.
- The FCC receives nearly 270,000 complaints about unwanted calls and robocalls annually.
- Obtaining proper consumer consent is important, and consent cannot be assumed based on an existing relationship.
- Best practices for businesses include getting written consent when required, keeping good records, and honoring consumer requests to revoke consent.
Comcast threatened to block Netflix if a fee was not paid by Level 3, a partner in Netflix's online streaming. This raised concerns about net neutrality and allowing internet providers to control access. The FCC wants to regulate broadband to prevent discrimination, but was rebuked by a court. The FCC may allow different service levels but forbid blocking content. There are ethical issues around who controls internet access and preventing monopolies to ensure a free and open internet. Limited FCC oversight may be needed to enforce net neutrality and fair competition.
AutoCon2012 Workshop - Dealer Compliance in a Digital Age - with Jim RadognaJim Radogna
This document discusses best practices for car dealers to avoid legal issues related to their digital advertising and presence. It outlines six key areas that regulators are focusing on: online advertising, online reviews, social media, contests and sweepstakes, text message marketing, and online privacy. The document provides examples of car dealers receiving fines for misleading advertising online and warns that regulators are actively monitoring dealers' digital activities. It provides guidance on ensuring advertising and online reviews comply with regulations to avoid fines or lawsuits.
1. E-commerce involves buying and selling of goods and services through digital communications and can be categorized into models involving physical delivery of tangible products, digital delivery of products, application hosting, and e-services.
2. Taxation of e-commerce transactions raises issues around international boundaries, losses of government revenue, and potential slowing of e-commerce growth.
3. Currently internet purchases are largely not taxed due to difficulties in determining tax jurisdiction and the intangible nature of some digital products, though some large retailers have begun voluntarily collecting taxes.
James Fitzgibbons was formerly involved in the information industry in the 1980s and 1990s. He founded two companies, MOS Data and API, that became leaders in processing electoral rolls and other data for use by credit and collection industries. This increased competition and opportunities for smaller agencies. More recently, James has pursued various business ventures including a bulb farm, tool company, and a patent for solar/wind-powered cameras that can transmit footage without wiring, potentially reducing costs of speed/CCTV cameras. He is looking to partner with others on this opportunity.
The CFPB released an updated version of its Supervision and Examination Manual to reflect changes made to consumer financial regulations and examination procedures. The manual provides guidance for examiners in overseeing companies' compliance with consumer protection laws. Key changes included renumbering regulations to incorporate the CFPB's rulemaking responsibilities as well as updates to procedures for laws on mortgages, credit cards, credit reports, and other topics. The CFPB will use the manual to focus on risks to consumers, apply consistent standards across different types of financial institutions, and coordinate oversight with other regulators.
Do you contact your consumers by phone? You might only reach out to them occasionally – to inquire about a late payment or a change in the account. Still, calling your consumers – even once – means you must also adhere to the regulations established by the Telephone Consumer Protection Act (TCPA). Failure to follow the rules can result in per instance fines as high as $1,500. In this presentation, we'll address the top 10 TCPA questions in the industry with expert responses.
The Federal Trade Commission (FTC or Commission) is an independent U.S. law enforcement agency charged with protecting consumers and enhancing competition across broad sectors of the economy. The FTC’s primary legal authority comes from Section 5 of the Federal Trade Commission Act, which prohibits unfair or deceptive practices in the marketplace. The FTC also has authority to enforce a variety of sector specific laws, including the Truth in Lending Act, the CAN-SPAM Act, the Children’s Online Privacy Protection Act, the Equal Credit Opportunity Act, the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, and the Telemarketing and Consumer Fraud and Abuse Prevention Act. This broad authority allows the Commission
to address a wide array of practices affecting consumers, including those that emerge with the development of new technologies and business models.
Top 10 Inbound And Outbound Calling Compliance IssuesRyan Thurman
This document summarizes the top 10 outbound and inbound compliance issues discussed in a webinar. The issues included the FTC DNC registry data, new FCC rules on prerecorded messages and predictive dialers, safe harbor provisions, myths about inbound calling, preview dialing, a proposed public safety DNC list, and enforcement trends. The webinar provided an overview of the issues and took polls of participants to gauge use of different dialing strategies and perspectives on related compliance topics.
The document provides an overview of the Telephone Consumer Protection Act (TCPA) and recent changes to TCPA regulations and legislation in October 2013. It summarizes key aspects of the TCPA including definitions of terms, new consent requirements for autodialed and prerecorded calls/texts, increased fines for violations now ranging from $500-$1,500 per call or text, and a significant rise in TCPA lawsuit filings in recent years resulting in several multi-million dollar settlements against companies.
Contact Center Compliance Webinar 2 8 12Ryan Thurman
This document provides a summary of a compliance webinar that covered several topics: highlights from the FY 2011 National Do Not Call Registry data book; rules around political "robocalls"; an overview of the FTC's Business Opportunity Rule; and questions about cell phone calling rules. The webinar agenda included discussions of DNC registry size, complaints about robocalls, enforcement actions, state political robocall laws, and disclosure requirements. Presenters encouraged attendees to stay up-to-date on new laws and regulations from the FTC and FCC.
Recorded on Monday, April 16, 2012. This webinar, presented by Margaret Capes, Legal Education Coordinator of Community Law School (Sarnia-Lambton) Inc., looks at telephone scams and other consumer problems with phones. It reviews the role of the Competition Bureau, the Ministry of Consumer Services, the Canadian Radio-television and Telecommunications Commission (CRTC), and the Canadian Anti Fraud Centre in combatting telephone trickery. Examples of recent versions of these scams will be reviewed so attendees will have an idea of what to watch for in their everyday lives.
To watch an archived version visit:
http://yourlegalrights.on.ca/webinar/Fighting-Telephone-Trickery-Using-Consumer-Protection-Laws
The State of the TCPA: Consent, Dialers, the FCC -- the Law is in Flux Ryan Thurman
The document discusses the Telephone Consumer Protection Act (TCPA) and the Federal Communications Commission's (FCC) role in regulating the law. It summarizes key aspects of the TCPA including provisions regarding autodialing cell phones, consent requirements, and exemptions. The FCC has issued rulings clarifying that debt collection calls made to cell phone numbers provided by consumers to creditors do not violate the TCPA. The document also provides an overview of the speaker's experience working on TCPA issues and litigation.
MobiU2011 Lecture: STRAT131 Mobile Legal Implications - Sedgwick LLPKimberly-Clark
Dave discusses the legal pitfalls that all brands should be aware of when running a mobile campaign. He will also cover the court precedents that are important to how mobile campaigns should be run to prevent legal action, particularly class action lawsuits. All brand owners should attend to ensure they are protecting their brands in the current wild wild west setting of mobile marketing and legal.
The cell phone industry is in a mature stage with over 162 million users in the US. Six major companies control 80% of the market led by Verizon. The industry faces intense competition on price and new features. Constant technology changes like camera phones and music players in phones drive innovation. However, customers are unhappy with high termination fees and service issues. The future depends on lowering costs, improving quality, and new services like mobile tours or contactless payments.
Legal experts and regulators map out the legal minefields of affiliate marketing providing critical updates on advertising and online marketing law plus FTC and state enforcement actions.
In the 21st century digital economy, consumers expect and demand a digital experience for the products and services they consume in the marketplace. To meet consumers’ needs and preferences, lenders are seeking out new innovative products that help deliver relevant credit offers across digital channels, whether via text, email, or social media. As the industry moves forward to provide these opportunities, recent news reports about privacy disclosures and data security have raised questions about the legal frameworks governing the delivery of credit offers in the digital space.
These slides feature content presented by Venable LLP’s eCommerce, Privacy, and Cybersecurity Practice Group on the regulatory environment surrounding credit marketing in the digital age. Venable practitioners review how the Fair Credit Reporting Act, Gramm Leach Bliley Act, and other laws apply in today’s world, including for credit offers made via text, email and social channels. It also reveals some common best practices that align with the expectations of the Federal Trade Commission.
TBG Security Mgl93 H 201 CMR17.00 Compliance Servicegorsline
The document discusses new Massachusetts data security laws and regulations. It notes that $60 billion was lost and over 35 million consumer records were exposed in 2008 due to data breaches and identity theft. The laws, M.G.L. c 93H and 201 CMR 17.00, require businesses that store personal information on Massachusetts residents to implement security measures, notify residents of breaches, and properly dispose of records. Failure to comply can result in fines up to $50,000 per violation.
Post,tweet, or chat! triple play handoutJody O'Brien
As our real estate world becomes more Virtual and less Bricks & Mortar how do we apply the laws, regulations, and ethics to our Virtual Office. This program will provide the knowledge, skills, and tools to manage your communication, advertising, and social media in a legal, ethical and successful manner. This class is ideal for brokers and managers but also great for the agent on the street or should we say in the cloud.
The Federal Trade Commission (FTC) provided testimony to the Senate Committee on the Judiciary regarding proposed reforms to the Electronic Communications Privacy Act (ECPA). The FTC supports updating ECPA to account for technological advances while protecting privacy, but is concerned that recent proposals could hamper its ability to obtain important information for consumer protection investigations. Specifically, the proposals may prevent the FTC from compelling providers to produce (1) previously public commercial content like marketing materials, (2) content with a customer's consent, or (3) content when direct requests to the target have failed. The FTC urges allowing civil law enforcement access to these types of content to effectively investigate fraud.
This document summarizes key topics in online marketing and advertising law. It discusses what constitutes advertising, standards that apply like being truthful and not misleading, issues around disclosures, and areas of emerging regulatory focus such as behavioral targeting, affiliate marketing liability, and use of trademarks in keyword advertising. Regulators aim to protect consumers through guidance, rulemaking, and enforcement while balancing business interests.
The document provides an analysis of the cell phone industry, including its dominant economic characteristics and forces of competition. It discusses that the industry is in a mature stage, with six major companies controlling 80% of the market. Technology and innovation are driving forces, with new features regularly being added to phones like cameras, music players, and internet access. The industry is very competitive due to standardized products and services across companies.
The document discusses challenges that organizations face in complying with TCPA regulations regarding autodialing phone numbers. It notes that phone data is constantly changing, with numbers frequently changing between wireless and landline services and subscribers. This makes it difficult to determine if a number can be autodialed under TCPA rules without risking violations. The document advocates relying on current and authoritative phone data insights to identify phone types, verify subscriber information, and streamline operations, in order to both comply with TCPA and maintain efficiency.
Similar to Contact Center Compliance Webinar 10 26 11 Direct From The Ftc And Fcc (20)
TCPA Webinar DC Circuit Court Decision the Impact on Dialers, Reassigned Numb...Ryan Thurman
TCPA rules have been shaken up by the recent DC Circuit Court Opinion. Hear expert analysis from attorneys Tonia Klausner, David Kaminski, and Christine Reilly in the recorded webinar from March 28, 2018.
TCPA litigator sharks are not going away anytime soon. Reassigned numbers still remain an unsolved issue for many enterprises. Contact us to learn more about TCPA litigator and reassigned number solutions and run a free test to get a risk score for your organization.
This document provides practical tips and best practices for TCPA compliance. It discusses obtaining consent in writing, effective methods to obtain consent through various channels like websites, telephone and text messages. It also gives examples of obtaining consent through signage, text messages and confirmatory texts. The document stresses the importance of TCPA compliance readiness programs that include understanding the law, preparing policies and procedures, training employees, complaint handling processes and record keeping. It also discusses contractual considerations and insurance/risk management.
The document provides an overview of cutting edge TCPA compliance solutions presented by attorney Eric Allen. It discusses DNC.com's services including automatic number scrubbing and compliance guides. The agenda covers obtaining express written consent, new VoIP risks, litigator risks, and regulatory updates. It emphasizes the importance of properly identifying and scrubbing wireless numbers to avoid TCPA violations and penalties. New FCC rules require prior express written consent to make autodialed or prerecored telemarketing calls to cell phones and for prerecorded calls to residential lines. Proper consent under the TCPA is defined and examples of non-compliant consent language are provided.
Contact Center Compliance TCPA WebinarRyan Thurman
This document summarizes the services provided by DNC.com, a leading cloud-based compliance company. DNC.com offers DNCScrub for scrubbing call lists against do not call lists and TCPA wireless rules. Other services include Compliance Guide for state registration assistance, and Training Master for online compliance training and testing for employees. The solutions are designed to help contact centers stay compliant with telemarketing laws and regulations in an efficient manner.
Contact Center Compliance TCPA Solution OverviewRyan Thurman
DNC.com provides cloud-based compliance solutions to help contact centers stay up-to-date with calling rules and regulations like TCPA and DNC lists. Their solutions include DNCScrub for scrubbing phone numbers against national and state do not call lists, Compliance Guide for state registration and exemption guidance, and Training Master for customizable compliance training of agents and supervisors. DNC.com offers a centralized, integrated platform to efficiently manage compliance across multiple locations.
This document summarizes new FCC rules from 2012 regarding prerecorded messages, automated opt-outs, and abandoned call rates. Key points include: prerecorded telemarketing calls to cell phones now require express written consent; the exemption allowing prerecorded calls to residential lines based on an established business relationship has been removed, also requiring express written consent; abandoned call rates must now be measured separately for each telemarketing campaign on a successive day basis. The new rules also require automated interactive opt-outs for prerecorded calls and disclosure of this option in abandoned call messages. Implementation deadlines for the new rules range from late 2012 to mid-2013.
The document summarizes new FCC rules regarding telemarketing calls and compliance requirements. It discusses that prerecorded calls to cell phones now require express written consent; prerecorded telemarketing calls to residential lines no longer can rely on established business relationships and require express written consent; abandonment rates must now be measured on a 30 day campaign basis; automated opt-out mechanisms are required for certain prerecorded calls as well as in abandoned call messages; and implementation timelines are given for the new rules.
Contact Center Compliance April 11 2012 FCC WebinarRyan Thurman
This document summarizes new FCC rules regarding compliance for telemarketing calls, including prerecorded messages and use of automatic dialing systems. It addresses key issues like when consent is needed to contact cell phones, measure call abandonment rates, and include automated opt-out mechanisms. The document also discusses a recent court decision that questioned the FCC's definition of automatic dialing systems but left questions unanswered, so the impact of the FCC's rules in this area remains uncertain depending on how they could be challenged.
Contact Center Compliance April 11 2012 FCC Webinar
Contact Center Compliance Webinar 10 26 11 Direct From The Ftc And Fcc
1. Direct from the FTC and FCC:
Hear a Unique Perspective from Recent Keynote
Presentations on Contact Center Regulations
Compliance Webinar
October 26, 2011
2. Compliance Webinar
Joseph Sanscrainte 212-626-6934
Law Office of jws@sanscrainte.com
Joseph W. Sanscrainte
Ryan Thurman 866-362-5478 ext. 116
Director of Sales & Marketing Ryan@dnc.com
3. Agenda
How the FTC and FCC view liability
Summary of recent enforcement actions
What are the rules re: making political pre-recorded calls?
Do debt collectors need to worry about cell phone prohibitions?
What to expect if you face an investigation and what industries are under the most
scrutiny
How to keep updated with compliance regulations
How the FTC and FCC consider industry comments
How the FTC and FCC are responding to new technologies/modernizations.
International Compliance Update
4. FTC Update with Lois Greisman from the Federal Trade Commission
Associate Director Div. of Marketing Practices
Bureau of Consumer Protection
Lois Greisman heads the Division of Marketing Practices in the FTC's Bureau of Consumer Protection. Under Ms. Greisman's
management, Marketing Practices leads the FTC's law enforcement initiatives tackling telemarketing fraud (including Do Not Call
enforcement), business opportunity fraud, illegal spam, and Internet frauds, with particular focus on challenges posed by
technologies and convergence issues.
New Do Not Call List Coordinator
Primary Goal: Protect consumers from fraud and privacy issues
New staff report on privacy (“Privacy by Design”, simpler and ,pre streamlined
data privacy around consumers data, recommended measures)
Protect businesses with enforcing anti-trust regulations
Enforcement mechanisms
Civil enforcement
Shut down businesses
Freeze assets
Institute consumer redress
Assume operations of a company
5. FTC Update
Current Fraud examples:
Job scams
Credit/Debt Negotiation and credit repair
Homeowner relief
Timeshare resale offers, Medical discount cards, Investments, Government Grants
Recent enforcement summary
Google Buzz
Dish Network/Echostar
9/28: Reebok to Pay $25 Million in Customer Refunds To Settle FTC Charges of Deceptive
Advertising of EasyTone and RunTone Shoes
10/4: At FTC’s Request, Court Shuts Down Deceptive Mortgage and Debt Relief Operation
10/13: FTC Charges Credit Repair Operators With Misleading Credit Bureaus and Charging
Consumers Illegal Up-Front Fees
10/19: FTC Stops Nationwide Federal Jobs Scam-Defendants Who Sold Information Consumers
Could Get for Free Settle FTC Charges
10/20: Court Finds Defendant in Contempt for Violating Prior Court Order That Prohibited Him
from Making Credit Repair Pitches to Consumers
6. FTC Update
FTC Consumer Complaint Call Center
Handled 1.4 million complaints last year
Total of 2.2 million complaints last fiscal year
Still receiving the bulk of complaints against pre-recorded “robocalls”
Separate complaint process now in effect for Robocalls
1st half of 2011: Number of complaints on Robocalls exceeds all of
2010 (800,000 Complaints)
Asked the industry for help with Robocall issue
FTC pursuing dialing platforms, resellers/brokers and uses of
illegal robocall applications
Overall historical enforcement
FTC has brought 79 DNC cases with $40 million in fines
Over $500 million in awards
7. Electric Mobility Corporation Settlement 4/21/2011
Maker of Rascal Scooters to Pay $100,000 for Violating FTC’s Do Not Call Rules
Called Consumers on Registry Using Phone Numbers Gathered From Sweepstakes Entry Forms
The manufacturer of Rascal Scooters, used by disabled and senior consumers with limited mobility, will
pay $100,000 to settle Federal Trade Commission charges that it illegally called millions of consumers
who had chosen to avoid unwanted telemarketing calls by listing their phone numbers on the national Do
Not Call Registry. The FTC alleges the firm illegally used phone numbers gathered from sweepstakes
entry forms to contact consumers whose numbers are on the Registry.
The FTC’s complaint charges scooter manufacturer Electric Mobility Corporation and its owner Michael
Flowers with making more than three million illegal sales calls since 2003 to consumers on the Do Not
Call Registry who had entered the company’s “Win a Free Rascal” sweepstakes. According to the FTC,
in small print under the part of the sweepstakes form provided for the entrant’s phone number, EMC
reminded consumers to list their numbers so the company could contact them if they were “the next
lucky winner.”
EMC encourages consumers to enter its sweepstakes through direct mailing, newspapers, and
television advertisements. The FTC charged that its conduct violated both the FTC Act and the Do Not
Call provisions of the Telemarketing Sales Rule.
The FTC’s Telemarketing Sales Rule allows a company to call a consumer on the Do Not Call Registry
for up to 18 months if it has an “established business relationship” with the consumer and he or she has
not asked the firm to stop calling. However, under the Rule, a company may not rely on a completed
sweepstakes entry form to establish a business relationship with a consumer. In fact, the FTC
consistently has said that simply obtaining a consumer’s phone number – as EMC did with its
sweepstakes – does not establish a relationship that would exempt it from the Do Not Call rules.
8. FTC Update
Feature Films for Families, Inc 5/9/2011
FTC Charges Utah Operation with Deceptive and Abusive Telemarketing
Defendants Allegedly Made 16 Million Calls to Numbers on the Do Not Call Registry;
Misrepresented How Funds Would Be Used
At the request of the Federal Trade Commission, the Department of Justice today filed a complaint that
charges three Utah-based firms and their owner with waging deceptive and illegal telemarketing
campaigns pitching movies and soliciting for donations, including calls to more than 16 million phone
numbers on the National Do Not Call Registry.
The FTC charged that the companies and their owner, Forrest S. Baker III, committed multiple violations
of the FTC Act and the Telemarketing Sales Rule, and deceived customers about where the proceeds
from their purchases and their donations would go.
In addition, the complaint charges that the defendants violated the Telemarketing Sales Rule by:
-calling consumers who have previously asked that the defendants stop calling them;
-failing to provide the name of the telemarketer or seller making the call to Caller ID devices and,
instead, providing names such as “CUSTOMER SVC,” “FAMILY VALUE CB” or “VELVETEEN”;
-failing to orally identify the seller, the purpose of the call, and the nature of the goods or services when
making telemarketing calls; and
-abandoning calls to consumers by failing to connect consumers to live representatives when they
answer the phone. In many cases, such abandoned calls lead to the recipients listening to “dead air”
when they answer the call.
9. FTC National DNC Registry Data Book FY 2010
201 million numbers on the registry
1.6 million complaints
Down from previous two years
40% of complaints are for prerecorded calls
2006 2007 2008 2009 2010
Entities who paid 6,824 6,242 4,618 3,923 3,383
5 or fewer area codes 58,816 59,337 46,559 40,406 34,206
Exempt entities 845 801 1,107 1,002 680
10.
11. Jim Kohlenberger, Executive Director, Jobs for America
• Worked in Clinton and Obama White Houses
• IT drove 85% of job growth in the 90’s
• US behind the curve on use of broadband – 100 million people
without access to broadband
• The “plan”:
• Connect America through smart grids and infrastructure
• Obama has created a broadband strategy and the nation’s first
“technology officer”
• FCC proposes $5 billion fund for broadband – goal is to reduce telecom
costs, including VoIP
• Executive order to make 4G wireless available to 98% of Americans
• New investments in R&D – get back to 3% of GDP
• Change how government does business – more openness – make
smarter use of technology
• Washington’s top priority is jobs, and telemarketing has created 4000 jobs a
month for past two years
12. Julius Genachowski, Chairman, FCC
• FCC applauds Jobs4America’s goal of 100,000 new US
jobs in the contact center industry via broadband
• Job creation and the telemarketing industry
• Onshore call center jobs making more and more sense
• Home-based agents change the cost equation
• Fusion of email, chat, talk requires better quality agents
• Telephone service is “universal” – the same should apply to
broadband
• “Connect America” program – billions of $ aimed at making
broadband universal
• May require re-allocating spectrum from older uses
13. Julius Genachowski, Chairman, FCC (con’t)
• Challenges facing the US re: broadband usage
• Spectrum “crunch”
• 20 million people in US have no access
• 100 million do not use available broadband
• “Skills gap” – people lack skills to take advantage
• Information grid and proper deployment and adoption of
technology is the gateway to better jobs and better living
14. Mitch Roth, General Counsel, ATA (Federal Update)
• CallerID issues – NobelBiz wins one for the industry
• FCC seeks comments regarding liability (DISH Network)
• Spike in complaints re: pre-recorded messages – FTC pledges
to vigorously enforce TSR
• Pending pre-recorded ruling by FCC – ATA comments that non-
sales calls should not require express written consent
• FCC considering requiring written consent for calls to cell
phones (not just “express consent”)
• Obama Deficit Reduction Plan would amend TCPA to permit
calls to cell phones to collect debts due the gov’t
• Terry bill would redefine FCC definition of autodialer as ONLY
random/sequential dialing, includes EBR as prior express consent,
and permits info-only calls to cell phones
15. Liability Under the TCPA
Charvat v. Echostar Satellite (US Ct of Appeals, 6th Circ.): Charvat received 30
calls from Echostar (which deliver DISH Network satellite TV). Charvat tracks
calls to several companies: Dish TV Now, Marrick Dish Co., Marketing Guru,
Inc., etc. – all retailers of DISH Network, and all independent contractors.
US v. Dish Network (US Dist Ct, Central Dist of IL): USA, CA, IL, and OH sued
Dish under TCPA alleging violations of DNC, abandoned calls, and prohibited
pre-recorded calls.
16. Liability Under the TCPA
§§ 227(b)(3) and (b)(1)(B): allow a person to bring "an action" against an entity that
"initiate[s]" a phone call using a pre-recorded device
§ 227(c)(5): allows "[a] person who has received more than one call by or on behalf of
the same entity" to sue.
Even though § 227(b) does not contain "on behalf of" language, do both provisions apply
equally to calls placed by agents of the entity sued?
Does § 227(c)(5) create liability for entities on whose behalf calls are made even when
the calls are placed by independent contractors rather than by agents or employees?
And does § 227(c)(5) create liability for entities on whose behalf calls are made even
though the section is labeled only as a private right of action and even though individuals
still must sue for violations of regulations?
17. Liability Under the TCPA
FCC Seeks Comment On:
• 1) Under the TCPA, does a call placed by an entity that markets the seller’s goods
or services qualify as a call made on behalf of, and initiated by, the seller, even if the
seller does not make the telephone call (i.e., physically place the call)?
• 2) What should determine whether a telemarketing call is made “on behalf of” a
seller, thus triggering liability for the seller under the TCPA? Should federal common
law agency principles apply? What, if any, other principles could be used to define
“on behalf of” liability for a seller under the TCPA?
• 3) Additionally, we solicit comments addressing the applicability of federal agency
law and federal joint venture law to the TCPA liability questions presented herein.
18. Global Compliance Map: Do Not Call Lists
Canada
United States Netherlands
United Kingdom
Spain
Mexico
India
Australia
Argentina (Buenos Aires only)
19. International Compliance Update
• Global Do Not Call Overview
• Canadian DNC Update
• International Privacy Update
• Mexico Data Protection Law
• Costa Rica Law
• India Privacy Rules
• French Data Breach Notification
• Singapore
• Resources
• IAPP, LinkedIn Groups, Google.
• California Privacy Update
20. Stay current
– New laws – don’t become the example!
– Compliance Guide
– Industry Newsletters
– LinkedIn Discussion Groups
Contact Center Compliance Officers Forum
– ftc.gov
– Industry Trade Groups (ATA, SOCAP, DMA)
21. Ryan Thurman Joseph Sanscrainte
866-362-5478 ext. 116 212-626-6934
Ryan@dnc.com
jws@sanscrainte.com
Contact Center Compliance Solutions
DNC Scrub
Training Master
Compliance Guide
Data Enhancement