IT IS DONE: FCC Closes “Lead Generator Loophole”–Adopts Ruling Silencing Marketers Unless Consent to Specific Good or Service Provider Obtained
Wednesday, December 13, 2023

So today we the big FCC December Open Meeting and–as predicted–“one to one” is now the rule. The vote was 4-1 with Commissioner Simington issuing a blistering dissent to the ruling — standing up for the concerns of small business and calling the ruling “arbitrary and capricious.” (More coverage on that in a few minutes.)

In a new edit to the TCPA’s express consent rules today the FCC held that calls made using regulated technology can only be made by individual good or service providers after consent was provided by a consumer to that specific provider.

In the current environment marketing companies can obtain consent for multiple companies to contact consumers–a common practice in connection with comparison shopping websites.

The new rule also requires all regulated calls made by good or service providers to be “topically and logically” related to the “transaction” that gave rise to the consent.

Many many many issues here. For a “deep dive” on issues arising from the rule click here. For a review of impact on small business click here. For impact on franchise companies click here. For information about challenging the ruling click here. 

 

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