Update on FCC’s Rule to Close the Lead Generator “Loophole”



  • Mitch Talenfeld, President and CEO, MDT Marketing, Inc. 
  • Stephen Arthur, Director of Data Analytics, ECPI University
  • Michelle Hon Donovan, Partner, Duane Morris LLP
  • Katherine Brodie, Partner, Duane Morris LLP

On December 13, 2023 the Federal Communications Commission (“FCC”) adopted new rules to under the Telephone Consumer Protection Act (TCPA) to limit unwanted and unlawful texting. The FCC order seeks to close the “lead generator loophole” by which lead generators rely on a single consent granted by the consumer to allow solicitation by multiple businesses at once. Now, prior express written consent can only apply to a single seller at a time and must be logically and topically related to the interaction the prompted consent. It also codifies the application of do-not-call rules to texting and seeks to limit fraudulent texts with further blocking requirements and optional opt-in email-to-text programs. While well intended as a consumer protection initiative, the rule will have direct impacts on the services provided by marketing companies and institutions’ requirements related to same. A panel composed of a marketing company leader, in house education counsel, and experienced lawyers will review the new rules and important risk mitigation considerations for stakeholders. The panel will also discuss the current status of texting class action litigation under the TCPA and recent multi-agency actions seeking to enforce misrepresentation laws in the sector.    

5/16/2024 2:00 PM - 3:00 PM
Eastern Daylight Time
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