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.
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.
The document provides the agenda for a telephonic status conference in the bankruptcy cases of Allied Systems Holdings, Inc. and Allied Systems, LTD. (L.P.). The agenda includes an expedited motion by petitioning creditors for the appointment of a Chapter 11 trustee and a motion to shorten time for notice of a hearing on the trustee motion. The status conference will address these motions.
This class action lawsuit alleges that Cheyenne Medical LLC, doing business as Thrive Cannabis Marketplace, violated the Telephone Consumer Protection Act by sending unsolicited marketing text messages to the plaintiff's cellular phone using an automatic telephone dialing system, without her prior express written consent. The complaint alleges the plaintiff received multiple marketing texts from Thrive promoting discounts and deals. If the class is certified, the plaintiff seeks statutory damages for herself and all others similarly situated for Thrive's negligent and willful TCPA violations.
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
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.
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.
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.
The document provides the agenda for a telephonic status conference in the bankruptcy cases of Allied Systems Holdings, Inc. and Allied Systems, LTD. (L.P.). The agenda includes an expedited motion by petitioning creditors for the appointment of a Chapter 11 trustee and a motion to shorten time for notice of a hearing on the trustee motion. The status conference will address these motions.
This class action lawsuit alleges that Cheyenne Medical LLC, doing business as Thrive Cannabis Marketplace, violated the Telephone Consumer Protection Act by sending unsolicited marketing text messages to the plaintiff's cellular phone using an automatic telephone dialing system, without her prior express written consent. The complaint alleges the plaintiff received multiple marketing texts from Thrive promoting discounts and deals. If the class is certified, the plaintiff seeks statutory damages for herself and all others similarly situated for Thrive's negligent and willful TCPA violations.
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
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.
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.
This document summarizes key issues regarding communications laws and their effects on local authority. It discusses how federal laws have increasingly impacted local control over wireless facilities, compensation for use of public property, broadband deployment, and ensuring adequate communications services. It recommends that local governments review and revise ordinances, participate in federal proceedings, and devote resources to take advantage of rights and develop policy goals reflecting the changing landscape. It also provides an overview of relevant federal provisions and cases, and identifies risks to local revenues and public interest obligations from emerging technologies and proceedings.
No topic has generated as much interest, consumer complaints, and coordinated technical hurdles in telecommunications at the problem with illegal robocalling and the associated fraud.
We were astounded by the response to our “How To” webinar held in February, by far the most registrations, attendees and
No topic has generated as much interest, consumer complaints, and coordinated technical hurdles in telecommunications at the problem with illegal robocalling and the associated fraud.
We were astounded by the response to our “How To” webinar held in February, by far the most registrations, attendees and questions. With over 137 questions in the queue at the end of the session, we thought it best to organize a follow-up, taking time to analyze the list of questions and come up with a TOP 10 FAQ. Thanks for joining us as we work through the STIR/SHAKE Frequently Asked questions
Battling Robocallers - How to Implement STIR-SHAKENTelcoBridges Inc.
In 2018, both the FCC and the CRTC called on carriers that serve their jurisdictions to implement the STIR-SHAKEN framework without delay. Since then, many carriers have announced plans to implement STIR-SHAKEN within their networks by the end of 2019 or sooner.
TelcoBridges and TransNexus have teamed up to present an informational webinar, "Battling Robocallers – How to Implement STIR-SHAKEN", to address this important industry-wide issue and describe effective, production-ready solutions that you can quickly deploy today.
Agenda:
• What is the FCC and CRTC requiring from carriers?
• How does STIR/SHAKEN help prevent illegal and fraudulent calls?
• What is the easiest way to implement STIR/SHAKEN in a VoIP network?
• How will TDM and rural carriers implement STIR-SHAKEN?
• What are the business, technical, and policy issues that you may encounter in developing and deploying your SHAKEN solution, and how can you resolve them?
Cellphone Tower Regulation: Maximizing Revenue While Protecting Local InterestsBest Best and Krieger LLP
Joseph Van Eaton and Gerry Lederer, partners in the BB&K Washington, D.C. office, recently conducted an educational program on regulatory and transactional concerns arising from the siting or collocation of a wireless tower. The presentation focused on the impact of new FCC rules limiting local authority to control modifications of existing wireless facilities on siting regulation and on negotiations for use of public property to place wireless facilities.
How Do Municipalities Comply with the FCC’s New Rule on Small Cell Wireless D...Meyers Nave
California municipalities are constantly faced with a changing regulatory framework related to the next generation of wireless services, known as 5G, which requires installing vast numbers of small cell equipment. These new networks present completely different local regulatory issues than the 3G and 4G networks of the past, which involved constructing large towers with a coverage range of a few miles. Supporting advanced 4G and new 5G requires telecommunications companies to build thousands of small cells at a faster pace with a far greater density of deployment. Municipalities’ policies and ordinances must keep up with this fast-changing technology.
The FCC recently adopted a new “Declaratory Ruling and Third Report and Order” that interprets provisions of the Telecommunications Act of 1996 to preempt local regulations that effectively prohibit the deployment of small cell wireless infrastructure in local communities. The FCC Ruling includes broad definitions of the types of local regulations that would be presumed to constitute an impermissible effective prohibition of wireless services, and establishes the applicable “shot clock” timelines by which local agencies must take action on small cell deployment applications.
Meyers Nave attorneys Jason Rosenberg and Claire Lai provided a webinar that explains the important new obligations for California municipalities. Their webinar covers rule violation, fees & charges, non-fee requirements, shot clocks, and grandfathering.
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 presentation is from the May 21, 2015 monthly lunch program hosted by the Orange Section of the American Planning Association.
In this presentation, Jonathan Kramer, Esq. and Robert May III, Esq. examine recent changes in local and federal laws affecting how wireless companies deploy new sites and how planners regulate them. This presentation is especially helpful if you're in charge of writing a new wireless ordinance, need a refresher on the "shot clock" rules, or are just plain confused as to how the Middle Class Tax Relief and Job Creation Act of 2012 (a.k.a. Section 6409) affects you.
Battling Robocallers - How to Implement STIR-SHAKENAlan Percy
In 2018, both the FCC and the CRTC called on carriers that serve their jurisdictions to implement the STIR-SHAKEN framework without delay. Since then, many carriers have announced plans to implement STIR-SHAKEN within their networks by the end of 2019 or sooner.
TelcoBridges and TransNexus have teamed up to present an informational webinar, "Battling Robocallers – How to Implement STIR-SHAKEN", to address this important industry-wide issue and describe effective, production-ready solutions that you can quickly deploy today.
Agenda:
• What is the FCC and CRTC requiring from carriers?
• How does STIR/SHAKEN help prevent illegal and fraudulent calls?
• What is the easiest way to implement STIR/SHAKEN in a VoIP network?
• How will TDM and rural carriers implement STIR-SHAKEN?
• What are the business, technical, and policy issues that you may encounter in developing and deploying your SHAKEN solution, and how can you resolve them?
Background on cell tower growth, current and developing framework for managing wireless development, planning for the future and negotiating leases and licenses for facilities.
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.
The document summarizes two major legal issues facing hospital billing offices: TCPA and IRS 501(r). TCPA prohibits automatic dialing to cell phones without consent and has generated lawsuits, so hospitals must get express consent in admissions forms. IRS 501(r) is complex and revamps billing/collection by prohibiting extraordinary collection actions without determining financial assistance eligibility, and imposing reasonable efforts, notification periods, and processes around suspending collections and determining/reversing actions for eligible patients.
The Truth about Wired and Wireless: Key Legal and Regulatory Issues by Sean S...Gigabit City Summit
The document summarizes key legal and regulatory issues regarding access to public rights-of-way and infrastructure for wireless facilities. It discusses the increasing demand for access from new entrants seeking to rapidly deploy facilities. While federal law regulates rates and access to utility poles, municipalities have more flexibility over access to their own infrastructure. The document outlines various federal and state policies impacting wireless siting and urges local governments to proactively manage access in a way that balances various stakeholder interests.
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.
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.
Slide deck from our TCPA Marketing Consent Masterclass Series. This is part 1 of 5. Everything you need to know about TCPA marketing consent (and revocation) in one easy-to-follow presentation.
At the International Municipal Lawyers Association’s 80th Annual Conference in Las Vegas earlier this month, BB&K Partner Gail Karish presented “Developments in Wireless.” In her presentation (below), Gail uses industry data to show the tremendous growth in wireless infrastructure in recent years. Besides explaining why, she also discusses how recent court decisions, the FCC’s new shot clock and various state laws are impacting local government control over wireless facilities siting.
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 summarizes key issues regarding communications laws and their effects on local authority. It discusses how federal laws have increasingly impacted local control over wireless facilities, compensation for use of public property, broadband deployment, and ensuring adequate communications services. It recommends that local governments review and revise ordinances, participate in federal proceedings, and devote resources to take advantage of rights and develop policy goals reflecting the changing landscape. It also provides an overview of relevant federal provisions and cases, and identifies risks to local revenues and public interest obligations from emerging technologies and proceedings.
No topic has generated as much interest, consumer complaints, and coordinated technical hurdles in telecommunications at the problem with illegal robocalling and the associated fraud.
We were astounded by the response to our “How To” webinar held in February, by far the most registrations, attendees and
No topic has generated as much interest, consumer complaints, and coordinated technical hurdles in telecommunications at the problem with illegal robocalling and the associated fraud.
We were astounded by the response to our “How To” webinar held in February, by far the most registrations, attendees and questions. With over 137 questions in the queue at the end of the session, we thought it best to organize a follow-up, taking time to analyze the list of questions and come up with a TOP 10 FAQ. Thanks for joining us as we work through the STIR/SHAKE Frequently Asked questions
Battling Robocallers - How to Implement STIR-SHAKENTelcoBridges Inc.
In 2018, both the FCC and the CRTC called on carriers that serve their jurisdictions to implement the STIR-SHAKEN framework without delay. Since then, many carriers have announced plans to implement STIR-SHAKEN within their networks by the end of 2019 or sooner.
TelcoBridges and TransNexus have teamed up to present an informational webinar, "Battling Robocallers – How to Implement STIR-SHAKEN", to address this important industry-wide issue and describe effective, production-ready solutions that you can quickly deploy today.
Agenda:
• What is the FCC and CRTC requiring from carriers?
• How does STIR/SHAKEN help prevent illegal and fraudulent calls?
• What is the easiest way to implement STIR/SHAKEN in a VoIP network?
• How will TDM and rural carriers implement STIR-SHAKEN?
• What are the business, technical, and policy issues that you may encounter in developing and deploying your SHAKEN solution, and how can you resolve them?
Cellphone Tower Regulation: Maximizing Revenue While Protecting Local InterestsBest Best and Krieger LLP
Joseph Van Eaton and Gerry Lederer, partners in the BB&K Washington, D.C. office, recently conducted an educational program on regulatory and transactional concerns arising from the siting or collocation of a wireless tower. The presentation focused on the impact of new FCC rules limiting local authority to control modifications of existing wireless facilities on siting regulation and on negotiations for use of public property to place wireless facilities.
How Do Municipalities Comply with the FCC’s New Rule on Small Cell Wireless D...Meyers Nave
California municipalities are constantly faced with a changing regulatory framework related to the next generation of wireless services, known as 5G, which requires installing vast numbers of small cell equipment. These new networks present completely different local regulatory issues than the 3G and 4G networks of the past, which involved constructing large towers with a coverage range of a few miles. Supporting advanced 4G and new 5G requires telecommunications companies to build thousands of small cells at a faster pace with a far greater density of deployment. Municipalities’ policies and ordinances must keep up with this fast-changing technology.
The FCC recently adopted a new “Declaratory Ruling and Third Report and Order” that interprets provisions of the Telecommunications Act of 1996 to preempt local regulations that effectively prohibit the deployment of small cell wireless infrastructure in local communities. The FCC Ruling includes broad definitions of the types of local regulations that would be presumed to constitute an impermissible effective prohibition of wireless services, and establishes the applicable “shot clock” timelines by which local agencies must take action on small cell deployment applications.
Meyers Nave attorneys Jason Rosenberg and Claire Lai provided a webinar that explains the important new obligations for California municipalities. Their webinar covers rule violation, fees & charges, non-fee requirements, shot clocks, and grandfathering.
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 presentation is from the May 21, 2015 monthly lunch program hosted by the Orange Section of the American Planning Association.
In this presentation, Jonathan Kramer, Esq. and Robert May III, Esq. examine recent changes in local and federal laws affecting how wireless companies deploy new sites and how planners regulate them. This presentation is especially helpful if you're in charge of writing a new wireless ordinance, need a refresher on the "shot clock" rules, or are just plain confused as to how the Middle Class Tax Relief and Job Creation Act of 2012 (a.k.a. Section 6409) affects you.
Battling Robocallers - How to Implement STIR-SHAKENAlan Percy
In 2018, both the FCC and the CRTC called on carriers that serve their jurisdictions to implement the STIR-SHAKEN framework without delay. Since then, many carriers have announced plans to implement STIR-SHAKEN within their networks by the end of 2019 or sooner.
TelcoBridges and TransNexus have teamed up to present an informational webinar, "Battling Robocallers – How to Implement STIR-SHAKEN", to address this important industry-wide issue and describe effective, production-ready solutions that you can quickly deploy today.
Agenda:
• What is the FCC and CRTC requiring from carriers?
• How does STIR/SHAKEN help prevent illegal and fraudulent calls?
• What is the easiest way to implement STIR/SHAKEN in a VoIP network?
• How will TDM and rural carriers implement STIR-SHAKEN?
• What are the business, technical, and policy issues that you may encounter in developing and deploying your SHAKEN solution, and how can you resolve them?
Background on cell tower growth, current and developing framework for managing wireless development, planning for the future and negotiating leases and licenses for facilities.
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.
The document summarizes two major legal issues facing hospital billing offices: TCPA and IRS 501(r). TCPA prohibits automatic dialing to cell phones without consent and has generated lawsuits, so hospitals must get express consent in admissions forms. IRS 501(r) is complex and revamps billing/collection by prohibiting extraordinary collection actions without determining financial assistance eligibility, and imposing reasonable efforts, notification periods, and processes around suspending collections and determining/reversing actions for eligible patients.
The Truth about Wired and Wireless: Key Legal and Regulatory Issues by Sean S...Gigabit City Summit
The document summarizes key legal and regulatory issues regarding access to public rights-of-way and infrastructure for wireless facilities. It discusses the increasing demand for access from new entrants seeking to rapidly deploy facilities. While federal law regulates rates and access to utility poles, municipalities have more flexibility over access to their own infrastructure. The document outlines various federal and state policies impacting wireless siting and urges local governments to proactively manage access in a way that balances various stakeholder interests.
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.
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.
Slide deck from our TCPA Marketing Consent Masterclass Series. This is part 1 of 5. Everything you need to know about TCPA marketing consent (and revocation) in one easy-to-follow presentation.
At the International Municipal Lawyers Association’s 80th Annual Conference in Las Vegas earlier this month, BB&K Partner Gail Karish presented “Developments in Wireless.” In her presentation (below), Gail uses industry data to show the tremendous growth in wireless infrastructure in recent years. Besides explaining why, she also discusses how recent court decisions, the FCC’s new shot clock and various state laws are impacting local government control over wireless facilities siting.
Similar to TCPA Webinar DC Circuit Court Decision the Impact on Dialers, Reassigned Numbers and Consent Revocation (20)
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.
Contact Center Compliance Webinar 10 26 11 Direct From The Ftc And FccRyan Thurman
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 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.
Enhancing Adoption of AI in Agri-food: IntroductionCor Verdouw
Introduction to the Panel on: Pathways and Challenges: AI-Driven Technology in Agri-Food, AI4Food, University of Guelph
“Enhancing Adoption of AI in Agri-food: a Path Forward”, 18 June 2024
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In a world where the potential of youth innovation remains vastly untouched, there emerges a guiding light in the form of Norm Goldstein, the Founder and CEO of EduNetwork Partners. His dedication to this cause has earned him recognition as a Congressional Leadership Award recipient.
Tired of chasing down expiring contracts and drowning in paperwork? Mastering contract management can significantly enhance your business efficiency and productivity. This guide unveils expert secrets to streamline your contract management process. Learn how to save time, minimize risk, and achieve effortless contract management.
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TCPA Webinar DC Circuit Court Decision the Impact on Dialers, Reassigned Numbers and Consent Revocation
1. (866) DNC-LIST 866-362-5478 DNC.cominfo@DNC.com 1
D.C. CIRCUIT COURT DECISION:
THE IMPACT ON DIALERS,
REASSIGNED NUMBERS AND
CONSENT REVOCATION
Contact Center Compliance
Tonia Klausner, Partner, Wilson Sonsini
Goodrich & Rosati
David Kaminski, Partner, Carlson & Messer
Christine Reilly, Partner Manatt, Phelps &
Phillips
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Agenda
D.C. Circuit Court Decision Recap
Reassigned Numbers
Revocation of Consent
The Definition of an ATDS
What Next?
D.C. Circuit Decision F.A.Q
Audience Q&A
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Disclaimer
This information is not intended to be
legal advice and may not be used as
legal advice. Legal advice must be
tailored to the specific circumstances of
each case. Every effort has been made
to assure this information is up-to-
date. It is not intended to be a full and
exhaustive explanation of the law in
any area, however, nor should it be
used to replace the advice of your own
legal counsel.
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D.C. Circuit Court Decision Recap
• “Which sorts of automated dialing equipment are subject to the
TCPA’s restrictions on unconsented calls”
• “When a caller obtains a party’s consent, does a call nonetheless
violate the Act if, unbeknownst to the caller, the consenting party’s
wireless number has been reassigned to a different person who
has not given consent”
• “How may a consenting party revoke her consent”
• “Did the Commission too narrowly fashion an exemption from the
TCPA’s consent requirement for certain healthcare-related calls.”it
Court Decision Recap
Speaker: Tonia Klausner
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TCPA Provision for Wireless Calls/Texts
It shall be unlawful for any person within the United States, or any
person outside the United States if the recipient is within the United
States—
• (A) to make any call (other than a call made for emergency
purposes or made with the prior express consent of the called
party) using any automatic telephone dialing system or an artificial
or prerecorded voice—
• (iii) to any telephone number assigned to a paging service,
cellular telephone service, specialized mobile radio service, or
other radio common carrier service, or any service for which the
called party is charged for the call.
Decision Recap
Speaker: Tonia Klausner
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D.C. Court Ruling: Reassigned Numbers
• FCC 2015 Ruling – Reassigned number: “called party” = current subscriber.
• FCC granted a “one-call safe harbor” for reassigned numbers where the called party
had a reasonable basis to call the number in the first place, i.e., with consent.
• DC Court HELD: Safe Harbor rule is “arbitrary and capricious” – No reasonable
basis. FCC rule set aside.
• BOTTOM LINE - DC Court Said: Not sure if FCC would have adopted “strict liability”
subscriber rule for reassigned numbers without a safe harbor rule - DC Court
strikes FCC’s ENTIRE treatment of Reassigned numbers.
Speaker: David Kaminski
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D.C. Court Ruling: Reassigned Numbers
• DC Circuit Agrees with 7th Circuit Soppet decision – that FCC was not
compelled to interpret “called party” as the intended recipient. Called
party can mean “current subscriber”
• DC Circuit’s comments against “strict liability” and definition of called
party may revive “Intended Recipient” defense or give rise to
“reasonableness” arguments
• DC Court Noted: FCC currently addressing 2nd Further Proposed Notice
of Rule Making regarding real time database for reassigned number with
potential safe harbor
Speaker: David Kaminski
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D.C. Circuit Court: Reassigned Numbers-
Where Does this Leave Us?
• Argue – “Intended Recipient” of call theory controls
• “reasonableness” arguments still in play – Critical Issue: How was
number obtained in first place??
• Will FCC be Knight In Shining Armor?
Speaker: David Kaminski
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Revocation of Consent
D.C. Cir.’s Ruling
• Affirmed: Called parties may revoke consent
under TCPA through any reasonable means
• Disregarding clear opt-out instructions is likely
unreasonable
• “No need to train every retail employee on the finer
points of revocation”
• FCC 2015 Ruling does not affect parties’ ability to
contract as to specific revocation methods
• Commissioner O’Rielly disagreed with the ruling
and favors a “Reyes” approach
Speaker: Christine Reilly
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Revocation of Consent
Implications:
• Revocation will continue to be a fact-based
inquiry
• Consumers likely cannot reject clear, simple
opt-out instructions in favor of convoluted,
imaginative opt-out attempts
• Contractual provisions providing specific opt-
out mechanisms not prohibited by FCC order
• Jurisdictional case law on revocation likely to
control
Speaker: Christine Reilly
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Revocation of Consent
Best Practices:
• Create and maintain policies and procedures
to handle revocation requests
• Prepare agents to accept revocation
requests on both inbound and outbound
calls and to update the system accordingly
• Allow opt-out on IVR
• Include “STOP” instructions on text
messages
Speaker: Christine Reilly
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Revocation of Consent
Best Practices:
• Have system in place to capture and record
revocations
• Train your agents and employees
• Good recordkeeping on consent and
revocation is essential
• Audit and test your compliance
Speaker: Christine Reilly
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Automatic Telephone Dialing System Defined
Automatic telephone dialing system
227a:
(1) The term “automatic telephone
dialing system” means equipment which
has the capacity— (A) to store or
produce telephone numbers to be
called, using a random or sequential
number generator; and (B) to dial such
numbers.
Decision Recap
Speaker: David Kaminski
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Capacity of Autodialer- FCC 2015 Ruling Said
• Actual Capacity
• Potential Functionalities – Future capabilities
• Theoretical Capacity – FCC said NOT a dialer (ex. Rotary phone)
Decision Recap
Speaker: David Kaminski
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D.C. Circuit Court Autodialer Ruling Analysis
Issue 1: Capacity
FCC 2015 “Capacity” Ruling too broad - encompassed the
smartphone as an ATDS
• If “capacity” includes adding an App that enables autodial
capability, then all smartphones are auto dialers – FCC did
not deny – could have exempted smartphones
• The smartphone has “potential capacity” and is an ATDS
• TCPA cannot possibly be read to include smartphones
• Intent of Congress re TCPA – unwanted robocalls
• RULING – FCC’s “capacity” definition is Overbroad – “utterly
unreasonable in the breadth of its regulatory inclusion.”
Decision Recap
Speaker: David Kaminski
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ATDS “Capacity” Guidance from the D.C.
Court of Appeals: Implications from Decision
• If capacity is limited to “present” capacity, it contemplates
some future functioning
• Don’t get hung up on labels “present” or “potential”– focus on
“how much” is required to enable device to function as
autodialer. - Is it a mere flip of switch to turn on autodial
function, or top to bottom reconstruction? (note:
theoretical capacity rejected by FCC and not endorsed by DC
Court)
• Bottom line – Apps cannot create auto dialers
Decision Recap
Speaker: David Kaminski
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D.C. Circuit Analysis- FCC Position: All of
these cannot have “capacity” to qualify as
ATDSPer DC Court, FCC 2015 Ruling said Following Devices May Qualify as an ATDS:
1. Devices that generate and dial random and sequential numbers;
2. Device that dial from an externally supplied set list of numbers
3. Predictive dialers are automatic telephone dialing systems
4. Devices that dial numbers without human intervention
5. Devices that can dial only with human intervention
6. Devices that can dial thousands of numbers in a short period of time
BOTTOM LINE – FCC’s lack of clarity requires DC Court to set aside ALL FCC
interpretations on features or devices that qualify as ATDS
Speaker: David Kaminski
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D.C. Circuit Adds 3rd Wrinkle to ATDS
Interpretation
DC Circuit say Third issue NOT addressed on Appeal:
• What is meaning of: to “make any call using any” automatic
telephone dialing system.
• Must system use autodialer capability in order to invoke
potential liability – or does ban apply to calls made by
device having the capacity, even though not used.
• NOTE: FCC is free to address the issue in future rulemaking
or declaratory order
Speaker: David Kaminski
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ATDS Definition
Statutory Definition of Autodialer—Includes TWO Functions
1) “to store or produce telephone numbers to be called, using a random or sequential
number generator” AND
2) “to dial such numbers”
Speaker: Christine Reilly
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ATDS Definition
D.C. Cir.’s Ruling:
• FCC order is contradictory and provides “no
meaningful guidance” to companies, leaving them
in a “significant fog of uncertainty”
• Why?
• First, the FCC gave no clear answer to whether
system is an ATDS if it can simply pull numbers
from a separate database or list OR only if the
device itself generates random or sequential
numbers and dials them
Speaker: Christine Reilly
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ATDS Definition
“A basic question raised by the statutory definition is whether a device must itself have
the ability to generate random or sequential telephone numbers to be dialed. Or is it
enough if the device can call from a database of telephone numbers elsewhere? The
Commission’s ruling appears to be of two minds on the issue.”
“So which is it: does a device qualify as an ATDS only if it can generate random or
sequential numbers to be dialed or can it so qualify even if it lacks that capacity? The
2015 ruling . . . gives no clear answer (and in fact seems to give both answers).”
Either might be permissible but FCC cannot offer “competing interpretations” in the
same order!
Speaker: Christine Reilly
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ATDS Definition
D.C. Cir.’s Ruling:
• FCC order is contradictory and provides “no meaningful
guidance” to companies, leaving them in a “significant
fog of uncertainty”
• Why?
• Second, FCC also unclear about the extent to which
human intervention precludes ATDS finding
• FCC says the basic function of an ATDS is the
ability to dial numbers without human
intervention, but declined request to clarify the
definition in terms of human intervention
Speaker: Christine Reilly
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ATDS Definition
D.C. Cir.’s Ruling:
• FCC order is contradictory and provides “no
meaningful guidance” to companies, leaving
them in a “significant fog of uncertainty”
• Why?
• Third, FCC says ATDS can “dial thousands
of numbers in a short period of time,” but
what does that mean? Is it a necessary
condition?
Speaker: Christine Reilly
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ATDS Definition
D.C. Cir.’s Ruling:
• Asks probing questions…
• How much is required to enable the device to
function as an autodialer?
• Does it require simple flipping of a switch or top-
to-bottom reconstruction?
• What kinds of and how broad an area of telephone
equipment qualifies?
• … BUT does not provide any answers
• “Far from clear” that the distinction between present
and potential capacity “should carry dispositive
weight”
Speaker: Christine Reilly
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ATDS Definition
D.C. Cir.’s Ruling:
• Troubled by the idea that a device having capacity
to autodial is an ATDS even if the autodialer
features are not used to make the call
• Court offers an alternative around the ATDS
definition thicket
• Perhaps “make a call” portion of statute means
that the system must be using autodialing
capabilities to make call
Speaker: Christine Reilly
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What the D.C. Circuit Ruling Did and Did Not
DoNo definitive interpretation of ATDS Definition
• “The agency presumably could, if needed, fashion exemptions
preventing a result under which every uninvited call or message from a
standard smartphone would violate the statute.”
No definitive interpretation of “called party”
• FCC permissibly interpreted “called party” as something other than
“intended recipient”
Callers can continue to revoke consent through any reasonable means
• “The Commission’s ruling absolves callers of any responsibility to adopt
systems that would entail ‘undue burdens’ or would be ‘overly
burdensome to implement.”
Decision Recap
Speaker: Tonia Klausner
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What the D.C. Circuit Ruling Did and Did Not
DoSeveral Useful Statements for Defendants:
• “[A]n ATDS is equipment with the ‘capacity’ to perform
each of two enumerated functions: (i) storing or
producing telephone numbers ‘using a random or
sequential number generator’ and (ii) dialing those
numbers.”
• “The statutory definition says that a device constitutes an
ATDS if it has the capacity to perform both of two
enumerated functions . . . .”
• “Congress need not be presumed to have intended the
term “automatic telephone dialing system” to maintain its
applicability to modern phone equipment in perpetuity,
regardless of technological advances that may render the
term increasingly inapplicable over time.”
• Rules that Court properly had before it question of
required functionalities of an ATDS thereby considering
2003, 2008 and 2015 FCC statements on what qualifies
as an ATDS
Decision Recap
Speaker: Tonia Klausner
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