Why This Matters More Than Ever
Posted: Sat May 24, 2025 8:51 am
Increased Litigation: Despite the vacation of the "one-to-one" rule, TCPA litigation remains a significant threat. Plaintiff's attorneys are highly active, and statutory damages of $500-$1,500 per violation can quickly accumulate into massive liability in class action lawsuits.
FCC Enforcement: The FCC continues to prioritize combating australia phone number list illegal robocalls and robotexts and will pursue enforcement actions against violators.
Reputation Risk: Non-compliance not only brings legal risk but also damages your brand's reputation and consumer trust.
Practical Steps for Telemarketing Compliance in 2025:
Legal Counsel: Regularly consult with experienced TCPA legal counsel to interpret the latest rulings and apply them to your specific operations.
Audit Lead Generation: Thoroughly review all lead acquisition methods, especially from third parties. Understand exactly how consent is obtained and documented. Even if the one-to-one rule is vacated, generic, broad consent is still a major red flag.
Robust Consent Management System: Implement and maintain a system that meticulously records consent details (date, time, method, disclosures shown, IP address if online).
Automated Opt-Out Processing: Ensure your CRM and communication platforms are configured to immediately and automatically process all opt-out requests, regardless of method, within the 10-business-day window.
Comprehensive Training: Conduct mandatory and ongoing training for all telemarketing agents, sales staff, and lead generation partners on TCPA rules, including consent collection, opt-out handling, DNC lists, and calling hour restrictions.
Script Review: Ensure all telemarketing scripts incorporate TCPA-compliant language for disclosures, consent confirmation (where applicable), and opt-out instructions.
Technology Review: Assess your dialing technology. While Duguid narrowed the ATDS definition, many businesses still use systems that could be deemed an ATDS under certain interpretations, making PEWC essential.
Internal Audits: Regularly audit your telemarketing practices, call recordings, and consent records to ensure ongoing compliance.
The landscape of TCPA compliance is dynamic and punitive. Proactive, robust, and well-documented compliance measures are absolutely essential for any business engaged in telemarketing in 2025.
FCC Enforcement: The FCC continues to prioritize combating australia phone number list illegal robocalls and robotexts and will pursue enforcement actions against violators.
Reputation Risk: Non-compliance not only brings legal risk but also damages your brand's reputation and consumer trust.
Practical Steps for Telemarketing Compliance in 2025:
Legal Counsel: Regularly consult with experienced TCPA legal counsel to interpret the latest rulings and apply them to your specific operations.
Audit Lead Generation: Thoroughly review all lead acquisition methods, especially from third parties. Understand exactly how consent is obtained and documented. Even if the one-to-one rule is vacated, generic, broad consent is still a major red flag.
Robust Consent Management System: Implement and maintain a system that meticulously records consent details (date, time, method, disclosures shown, IP address if online).
Automated Opt-Out Processing: Ensure your CRM and communication platforms are configured to immediately and automatically process all opt-out requests, regardless of method, within the 10-business-day window.
Comprehensive Training: Conduct mandatory and ongoing training for all telemarketing agents, sales staff, and lead generation partners on TCPA rules, including consent collection, opt-out handling, DNC lists, and calling hour restrictions.
Script Review: Ensure all telemarketing scripts incorporate TCPA-compliant language for disclosures, consent confirmation (where applicable), and opt-out instructions.
Technology Review: Assess your dialing technology. While Duguid narrowed the ATDS definition, many businesses still use systems that could be deemed an ATDS under certain interpretations, making PEWC essential.
Internal Audits: Regularly audit your telemarketing practices, call recordings, and consent records to ensure ongoing compliance.
The landscape of TCPA compliance is dynamic and punitive. Proactive, robust, and well-documented compliance measures are absolutely essential for any business engaged in telemarketing in 2025.