CMS Cracks Down on Medicare TPMOs 26 Aug 2024 8:28 AM (8 months ago)
According to ActiveProspect, the Medicare world is abuzz with a new rule that’s sure to shake up the TPMO (Third-Party Marketing Organizations) scene. CMS has just dropped a bombshell: starting October 1, TPMOs need to get explicit written consent from beneficiaries before sharing their precious data with other marketing organizations. ActiveProspect has a guide to help marketers understand the new ruling and what it means in terms of privacy for the healthcare industry.
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The FCC Strikes Back Against AI Voice Channels 26 Aug 2024 8:27 AM (8 months ago)
According to TCPAworld.com, the FCC has made a seismic shift in the AI landscape, proposing a groundbreaking new rule that could reshape the future of AI voice channels. For the first time ever, the agency is mandating that all AI-generated calls include a clear disclosure at the outset. According to Troutman Amin’s Tori Guidry, “This NPRM hasn’t hit the Federal Register yet, but expect it in the next 6-8 weeks. That’s when the clock starts ticking on comments and feedback, so be ready.” The R.E.A.C.H. committee is planning to address this issue soon.
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AI: The Gamechanger With Massive Red Flags 26 Aug 2024 8:26 AM (8 months ago)
Propmodo has an interesting feature piece on the use of AI for the real estate market. Amongst the key findings: AI can’t replace the human touch. It’s great at crunching numbers, but it can’t build trust or close deals. Brokers still need to use their human charm to win over clients. Algos aren’t perfect, so brokers need to keep an eye on their accuracy. The robots are watching (and the FCC is listening). New regulations are being implemented to crack down on robocalls and spammy texts, so proceed with care when leveraging these new technologies!
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TCPA Violation: QuoteWizard Facing Damages 26 Aug 2024 8:20 AM (8 months ago)
In a recent critical certification ruling against QuoteWizard, the industry was given a preview of what to expect come January 2025. “Every single class member clicked on a form consent. But because the partner page did not include QuoteWizard the court held there is a common issue as to whether the consent is valid,” explains Eric Troutman, who along with Puja Amin will discuss this case in further detail at LeadsCon Connect taking place September 24-25 in Chicago. Haven’t yet booked? Travel to the program couldn’t be easier. And it’s considerably easier than finding yourself in violation of the new laws!
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AmeriLife’s LeadStar 2.0 Platform Enhances Lead Generation for Insurance Agents 29 Jul 2024 8:31 AM (9 months ago)
LeadStar Marketplace, a platform exclusive to AmeriLife-affiliated agents, launched LeadStar 2.0, an upgrade designed to improve how agents acquire leads for health and life insurance products. “We are dedicated to pushing the boundaries of what’s possible in lead generation,” said William DeCourcy, Chief Lead Generation Officer for AmeriLife. “These enhancements are a testament to our ongoing efforts to innovate and improve our services. We believe the new features will empower our clients to succeed even more in their marketing and sales endeavors.”
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TCPA Enforcement Heats Up 29 Jul 2024 8:30 AM (9 months ago)
Earlier this month, Blue Cross and Blue Shield in North Carolina, along with systems vendor Change Healthcare agreed to pay $1.6M for violating the TCPA with unconsented robocalls. In other robocall news, on July 16 the FCC’s Jessica Rosenworcel took another step to regulate AI-generated calls and texts. The Hill reports, “The proposal would require callers to obtain prior express consent to disclose that the caller intends to use AI-generated calls, and to disclose to consumers on each call when they receive an AI-generated call.” The proposal will be considered during a meeting with the full commission in August. Troutman Amin, LLC held their annual Law Conference of Champions in Irvine, CA earlier this month where they shared that TCPA filings already up 32.8% from last year!
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Google Decides It Just Can’t Quit Cookies 29 Jul 2024 8:29 AM (9 months ago)
On July 22, Google gave word that third-party cookies were here to stay, for now. “Instead of deprecating third-party cookies, we would introduce a new experience in Chrome that lets people make an informed choice that applies across their web browsing, and they’d be able to adjust that choice at any time,” said Anthony Chavez, vice president of Privacy Sandbox at Google. Chavez added, “We’re discussing this new path with regulators, and will engage with the industry as we roll this out.” Affiliate marketers, rejoice! The move has expectedly ruffled the feathers of some regulatory bodies across the pond, which might be echoed by stateside agencies. Our colleagues over at AdExchanger have more thoughts on the ramifications for the ad industry. We’ll be discussing the implications of this in Chicago this September, so be sure to get registered today.
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New Calling Tool Balances Efficiency With Today’s Tightly Regulated Environment 24 Jun 2024 12:32 PM (10 months ago)
Earlier this month, AI-powered contact center software provider Convoso launched CallCatalyst, which optimizes productivity and ensures your call center agents aren’t stuck in the soul-crushing void of waiting for calls to connect. This shiny new tool is designed to allow businesses to be cautious about new regulatory measures while boosting efficiency and revenue. Users of CallCatalyst will have more control over manual dialing, allowing customers to connect to more leads and more easily manage compliance without sacrificing productivity. The new solution offers human-initiated calling, lead calling optimization, and other features.
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Chicago Cubs’ Summer Woes Continue with TCPA Settlement 24 Jun 2024 12:31 PM (10 months ago)
An Illinois federal judge ordered the Chicago Cubs to pay $1.2 million to plaintiffs in one of the latest high profile TCPA cases, stemming from unwanted text messages. This represents just over 1/30th of outfielder Cody Bellinger’s 2024 salary, so the Cubs will manage just fine. But if you’ve noticed an uptick in TCPA headlines, you’re not imagining things. Eric Troutman of Troutman Amin, LLP sourced a new report from WebRecon that notes TCPA class actions are extraordinarily high, historically speaking. Troutman notes, “Another 92 TCPA class actions were filed in April. That means 68.1% of TCPA cases filed that month were class actions. The highest percentage in history–again.”
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Enforcement Actions Gain Steam 7 Jun 2024 3:00 PM (10 months ago)
In May 2023, according to a suit filed in U.S. District Court for the District of Arizona, VoIP provider Avid Telecom “chose profit over running a business that conforms to state and federal law.” The press release noted that Avid Telecom used spoofed or invalid caller ID numbers in 7.5 billion calls to telephone numbers on the National Do Not Call Registry. Avid Telecom owner Michael Lansky, and its vice president Stacey Reeves were named in the suit which was filed by 48 States and Washington, D.C. Back in August, the Federal Communications Commission levied a whopping fine of nearly $300M against an auto warranty operation run by Roy M. Cox and Aaron Michael Jones. Re-recorded voice calls to mobile phones without having prior express consent, violating spoofing laws, dialing numbers on the National Do Not Call Registry; Cox and Jones ran through the Greatest Hits of Bad Lead Gen Actors during their three-month span which included 5 billion robocalls to 500 million numbers. The next month in September, an Illinois federal court ruled that lead generator Day Pacer and three of the company’s executives violated the Telemarketing Sales Rule (TSR) over 4 million times. The defendants’ claims, including that the TSR is unconstitutional, were all rejected by the court. Alston & Bird’s Terance Gonsalves has an insightful breakdown of this ruling and the case in which the defendants made “at least 3,669,914 calls to phone numbers on the DNC registry.”
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