TCPAWorld.com has been providing massive and critical coverage on the new FCC ruling. As I told everyone on December 13, 2023 there would be some changes to the ruling owing to the hard work of Troutman Amin, LLP lawyers advocacy work on behalf of R.E.A.C.H. working with the Small Business Administration to help limit the impact the ruling on the hundreds of thousands of small businesses out there that buy and sell leads who are impacted by the ruling.

And to their great credit–the FCC listened!

Two MASSIVE changes to the rule that folks really need to understand.

First, the Commission extended the period of time for the implementation of the rule to a full 12 months!

We want this important consumer protection rule to be successfully implemented by comparison shopping websites and lead generators. While we find that our rule does not unduly burden callers or comparison shopping websites, we nonetheless give sellers, texters, and callers, and any third-party websites they obtain consent through, a 12 month implementation period to make the necessary changes to ensure consent complies with our new requirement

Awesome– and thank you thank you thank you!

Plus the Commission gave even more grace from implementation standpoint by allowing the latter timeframe of publication or paperwork reduction act review to be the enforcement trigger:

fn 113- This period for implementation will be 12 months following Federal Register publication of this Report and Order or 30 days after announcement in the Federal Register of the Paperwork Reduction Act approval of the information collection in this new rule, whichever is later

So realistically I am thinking March, 2025 before this rule takes effect–but TCPAWord.com will tell you the exact date as soon as we know it.

This is MASSIVELY helpful for education and outreach to the many many many small businesses out there that are impacted by this rule but don’t even know about it yet!

That’s not all though. There is an even BIGGER piece to this.

For those of you who missed your chance to participate in the comment period the first time around– YOU ARE IN LUCK.

The FCC just asked for MORE comments to help refine the rule–MAYBE BEFORE IT EVEN GOES INTO EFFECT!!!

This is an absolute gift from above and you all better HEAR this and ACT on it!!!

The FCC wants more information–SPECIFICS–about how this rule will impact small business. And this time there can be no excuse for failing to respond. Here is what the Commission is asking for:

87. We seek further comment on how the Commission can refine and expand its efforts to assist businesses, particularly small businesses, in complying with our one-to-one consent requirement. In the Further Notice, the Commission sought comment on how our proposal might affect the value of comparison-shopping websites to consumers and whether there were alternatives to our proposals. As explained in the Order, we have determined based on the record that prior express written consent required under the TCPA must be given to one seller at a time. The Order recognizes, however, some commenters’ concerns that this requirement will increase costs or otherwise disadvantage small business lead generators and/or small business lead buyers. We, therefore, are committed to monitoring the impact that our rule has on these businesses and to assisting small businesses with complying with the one-to-one consent rule. We seek comment on whether and how the Commission can further minimize any potential economic impact on small businesses in complying with our one-to-one consent requirement for prior express written consent under the TCPA. Are there ways to further clarify or refine this requirement to further minimize any compliance costs? What impact would such refinements have on consumers? Are there further outreach efforts or other ways the Commission can assist small businesses in complying with our one-to-one consent rule?

A-MAY-ZING.

We are going to have until LATE JANUARY only to comment. So if you want to speak on these CRITICAL issues be ready to do so as soon as the Czar emerges from Solstice break early next year.

And for those of you attending LGW in January we will have a MASSIVE call to action here. Let’s make some noise guys!

The FCC is really taking these issues seriously thanks to the work of R.E.A.C.H. and others:

48. We will continue to monitor the impact that our rule has on small businesses. In the accompanying Second Further Notice, we seek comment on ways that the Commission may continue to refine our one-to-one consent rule to further mitigate any burdens it may create for businesses, especially small businesses. Additionally, we delegate to the Consumer and Governmental Affairs Bureau to conduct outreach and education focusing on compliance with our rules for small business lead generators as well as for small business lead buyers.

Let me be the first to say to my friends at the Bureau– we would be happy to have you on the Deserve to Win podcast, or on stage with us at any of the dozen or so events we speak at in 2024 to further this mission!!!!

So much great great news to share.

One real downer though.

Real rookie mistake by Lending tree here. Just abysmal. CANNOT BELEIVE WHAT THEY DID.

Anyone that knows anything about government agency advocacy knows you DO NOT move forward with ex parte meetings following a proposed rule but before the final rule and bring up potential legal challenges. It will NEVER change the rule in your favor and will just give the agency a chance to strengthen its record.

The FCC’s proposed ruling was very weak and subject to attack on an arbitrary and capricious challenge. But Lending Tree went and tipped that to the FCC in an absolutely crazy play that allowed the Commission to strengthen its findings and analysis and rebut that attack:

53. We also disagree with LendingTree that our action, in making it unequivocally clear that one-to-one consent is required for TCPA prior express written consent, is arbitrary and capricious. The Commission sought comment on this issue, i.e., “Public Knowledge’s request that prior express consent to receive calls or texts must be made directly to one entity at a time” in the Further Notice. The Commission specifically discussed the issue of hyperlinks in a comparison shopping website, and illustrated the problem by describing Assurance IQ, a website that purports to enable consumers to comparison shop for insurance. The Assurance IQ site sought consumer consent for calls and texts from insurance companies and other various entities, including Assurance IQ’s “partner companies,” that were listed when accessing a hyperlink on the page seeking consent (i.e., they were not displayed on the website without clicking on the link) and included both insurance companies and other entities that did not appear to be related to insurance. The Commission also sought comment on “amending our TCPA consent requirements to require that such consent be considered granted only to callers logically and topically associated with the website that solicits consent and whose names are clearly disclosed on the same web page.” Numerous commenters supported these proposals. Thus, our findings in this Second Report and Order are reasonably and rationally based on the issues for which the Commission sought comment and the comments filed in this proceeding. The lead generator commenters disagree with our conclusion, but such disagreement does not mean that our conclusion is arbitrary and capricious.

And so probably the strongest ground to attack the ruling was just taken away. WHAT WERE THEY THINKING??????

This is why it is so important that you work with PROS on these topics. Firms and organizations–LIKE R.E.A.C.H.– that know what they’re doing and won’t make things worse when it comes to agency engagement.

Anyhoo, amazing news here overall. Please be sure to talk about this while the Czar is resting!!

Also holiday party was Tuesday in Louisville– absolutely crazy good time. Pics soon.

Chat soon (but not too soon).