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@REPLYADDR The Telecom Digest
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@REPLYTO 2:5075/128 The Telecom Digest
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@TID: FIDOGATE-5.12-ge4e8b94
by David O. Klein
On March 16, 2023, the Federal Communications Commission ("FCC")
issued a Report and Order and Further Notice of Proposed Rulemaking
("FNPR") addressing a variety of issues under the Telephone Consumer
Protection Act ("TCPA"). As our readership is aware, the TCPA is a
federal statute designed to protect consumer privacy by restricting
certain types of telemarketing communications. The FCC regularly
issues rulemakings on issues that they deem pressing. Regarding the
issue of TCPA consent, in the FNPR, the FCC proposed "ban[ning] the
practice of obtaining a single consumer consent as grounds for
delivering calls and text messages from multiple marketers on subjects
beyond the scope of the original consent" - a practice the FCC
characterizes as a "loophole." On June 6, 2023, a contingent of 28
attorneys general ("AGs") submitted Reply Comments ("Comments") in
response to the FNPR. Almost the entirety of the 22-page AG submission
addresses the propriety of obtaining consumer TCPA consent for
telemarketing by multiple marketers on one webpage via hyperlinked
marketing partner lists. In the past, attorneys general from various
states have voiced their concerns regarding the industry`s use of such
hyperlinked marketing partner lists. Telemarketing companies engaged
in this practice should take heed: the focus of the Comments clearly
indicates that singular consumer consent remains one of the AGs` top
priorities when it comes to TCPA compliance.
https://www.mondaq.com/article/news/1331352?q=1803232&n=824&tp=6&tlk=5&lk=41
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