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Of an experienced attorney.Newly adopted fcc tcpa consent rules set to change the telemarketing industrydavid . Kleindecember , on december , , the federal Using Predictive Dialers to Improve Telemarketing Efficiency communications commission (“fcc”) voted – to revise . Consent rules governing the receipt of telemarketing communications under the telephone consumer protection act (“tcpa”). . With an overarching goal of closing what it terms “the lead generator loophole,” the fcc’s . Consent rules will now require that websites and lead generators obtain a consumer’s express agreement .
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To receive automated telemarketing communications one seller at a time.The fcc’s new “one-to-one consent” rules . Have major implications for the telemarketing industry. As our readers are aware, the fcc has . Long been asked to provide guidance on the propriety of using “marketing partner lists” to . Generate leads under the tcpa. Recently, the fcc requested comment after publishing an initial report . And order and notice of proposed rulemaking on the issue.
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After considering voluminous commentary from . Parties ranging from a coalition of state attorneys general to the small business lithuania phone number resource association (“sba”), . The fcc finalized its decision to revise the tcpa consent rules. The fcc’s new consent . Rules will become effective months after their publication in the federal register. Note that the . Prior iteration of the report and order, released on november , , had a six .
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Month effective date.The fcc’s newly adopted consent rulesthe fcc’s newly adopted consent rules make unequivocally . Clear that:lead how to stay motivated in telemarketing generators must: ) secure “one-to-one consent,” or consumer consent for one seller to . Call and/or text at a time; and ) no longer use hyperlinked lists of sellers . Or “marketing partners” in their tcpa consent language;“one-to-one consent” must be obtained after providing the . Consenting consumer with a clear and conspicuous disclosure that he/she will receive automated calls/texts, or .
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Artificial or pre-recorded calls. The seller bears lack data the burden of proving such consent, and should . Maintain its own consent records, rather than relying on the lead generator; andthe subject calls/texts . Delivered to the consenting consumer must be “logically and topically” related to the website on . Which the consumer’s consent was obtained.Please note that the fcc declined to define what constitutes . “logically and topically associated;” but it did offer an example of what is not: “[a] .