Things to Do While Waiting for the FCC's TCPA Language

We’re coming up on two weeks since the FTC held its hearing on a proposed Declaratory Ruling and Order on the TCPA. You remember, right? The Committee members gave testimony, interspersing scenes from their favorite movies (this actually happened). Commissioner Jessica Rosenworcel unburdened her soul of the hate she feels for Julie from Cardmember Services. Ultimately, the FCC’s commissioners voted, three to two, in favor of stricter interpretations of the TCPA.

You may remember all this. The FCC, it seems, has momentarily forgotten because, as I said, it’s been nearly two weeks and we still have nothing official from the FCC on this ruling. (We do have rumor and innuendo suggesting that something may come out tomorrow, 1 July. But again: rumor, innuendo — you can’t build news out of that.)

So, while we wait for the FCC, here are some things you can do instead.

1) Call your mom. But on a rotary phone. And without a dialer. And let her know that this call is an attempt to collect some attention. But don’t let her drag you into a conversation about your brother because it won’t end well and it will go on FOREVER.

2) Read through your policy on consumer consent. (If you don’t have a policy for consumer consent, write it. Then, start at #2 here again.) Make sure you have a vetted process in place for recording not just that consent has been given, but also for when consent has been rescinded. A reminder, the FCC has decided that consent can be revoked any way, anytime, and anywhere.

3) Catch up on back episodes of “Hannibal,” which has been canceled while “The Big Bang Theory” remains on the air. Use this time to realize that it’s not just the FCC ruling that might appear arbitrary and too strict.

4) What is your agency doing right now about reassigned cell phone numbers? Because the FCC is giving you one shot to get it wrong. This means you need to make sure your agents understand the importance of updating records. Collectors need to capture, in the record, that the phone number listed is no longer the phone number of the consumer you’re attempting to contact. That second strike is now your third strike — and it’s bound to be an expensive one.

5) Realize that everything in your office now is probably a dialer. Your stapler, your coffee mug, your cell phone, and your mom’s cell phone: all dialers.

insideARM and the Compliance Professionals Forum will report on any breaking news related to the FCC and the TCPA. Additionally, once we have the official language, we’ll be sending out a registration notice for a deep dive into the specific language of the FCC with our good friend, David Kaminski, of Carlson & Messer.