2. PACE WASHINGTON SUMMIT | SEPTEMBER 17-19, 2017 | #17PACE
Compliance Officers Forum
PACE WASHINGTON SUMMIT | SEPTEMBER 17-19, | #17PACE

3. Compliance Officers Forum – Live
Reid Houser, Chair of the Compliance Officers Forum; Head of Global Compliance, Sitel
Nick Whisler, Partner, Mac Murray & Shuster
Michele Shuster, Partner, Mac Murray & Shuster
Rebekah Johnson, President, Gloria-Mac Consulting
PACE WASHINGTON SUMMIT | SEPTEMBER 17-19, | #17PACE

4. PACE WASHINGTON SUMMIT | SEPTEMBER 17-19, 2017 | #17PACE
Today’s Agenda
State Updates
Federal Updates
The Calling Ecosystem Has Changed
Questions
PACE WASHINGTON SUMMIT | SEPTEMBER 17-19, | #17PACE

5. PACE WASHINGTON SUMMIT | SEPTEMBER 17-19, 2017 | #17PACE
State Updates
PACE WASHINGTON SUMMIT | SEPTEMBER 17-19, | #17PACE

6. PACE WASHINGTON SUMMIT | SEPTEMBER 17-19, 2017 | #17PACE
Enacted Legislation
New York
Call recording disclosure for telemarketing calls
Indiana
Liability for sellers on whose behalf calls are made
Disclose name of telemarketer (in addition to seller)
Florida
Phone numbers stay on state DNC list permanently
PACE WASHINGTON SUMMIT | SEPTEMBER 17-19, | #17PACE

7. PACE WASHINGTON SUMMIT | SEPTEMBER 17-19, 2017 | #17PACE
Enacted Legislation
Tennessee
Caller ID rules (largely mirror Truth in Caller ID Act)
Vermont
Caller ID rules (largely mirror FTC and FCC telemarketing rules)
Oregon
Task force on anonymous text message services
PACE WASHINGTON SUMMIT | SEPTEMBER 17-19, | #17PACE

8. PACE WASHINGTON SUMMIT | SEPTEMBER 17-19, 2017 | #17PACE
Other State Issues
California Call Recording Law
Maghen v. Quicken Loans– prior notice of call recording in customer agreement, and previous calls sufficient to establish consent
Calling During a Declared State of Emergency
PACE WASHINGTON SUMMIT | SEPTEMBER 17-19, | #17PACE

9. PACE WASHINGTON SUMMIT | SEPTEMBER 17-19, 2017 | #17PACE
Federal Updates
PACE WASHINGTON SUMMIT | SEPTEMBER 17-19, | #17PACE

10. PACE WASHINGTON SUMMIT | SEPTEMBER 17-19, 2017 | #17PACE
FTC Updates
DNC Registry Fees
$62 per area code (was $61)
Max of $17,021 (was $16,714)
Call Blocking
Filed comments supporting FCC call blocking initiatives
Daily release of phone numbers tied to consumer complaints
(to carriers and call blocking vendors)
Soundboard Technology Litigation
PACE WASHINGTON SUMMIT | SEPTEMBER 17-19, | #17PACE

11. PACE WASHINGTON SUMMIT | SEPTEMBER 17-19, 2017 | #17PACE
FTC Updates
Dish Network Lawsuit
$280 million judgment ($168M to FTC) + injunctive relief
Largest civil penalty under FTC Act
Alleged violations of TSR, TCPA and state laws
Vicarious liability
Active Enforcement Against “Robocallers”
Process Reforms
Streamline CID information requests
Improve transparency in investigations
PACE WASHINGTON SUMMIT | SEPTEMBER 17-19, | #17PACE

12. PACE WASHINGTON SUMMIT | SEPTEMBER 17-19, 2017 | #17PACE
CFPB Updates
CFPB Arbitration Rule
Invalidates class action waivers in pre-dispute arbitration agreements
Must affirmatively disclose in pre-dispute arbitration agreement that the consumer can bring a class action
If using pre-dispute arbitration agreement, must submit arbitral and court records to the CFPB (which will post online)
9/18/17 effective date; must comply by 3/19/18
* Attempt to repeal Rule is currently pending in Congress
PACE WASHINGTON SUMMIT | SEPTEMBER 17-19, | #17PACE

13. PACE WASHINGTON SUMMIT | SEPTEMBER 17-19, 2017 | #17PACE
TCPA Case Law
ATDS Definition
Capacity to dial without human intervention still key
Segregation of ATDS and non-ATDS important (hardware/software)
Text platforms: 7th Circuit opinion in Blow v. Bijora, Inc.
Many cases stayed pending appeal of 2015 FCC Ruling
PACE WASHINGTON SUMMIT | SEPTEMBER 17-19, | #17PACE

14. PACE WASHINGTON SUMMIT | SEPTEMBER 17-19, 2017 | #17PACE
TCPA Case Law
Written Consent
Online lead forms (Sullivan v. All Web Leads)
Consumer contracts (Katz v. American Honda)
Inbound texts
Winner v. Kohl’s Dep’t Stores
Larson v. Harman Mgmt. Corp
PACE WASHINGTON SUMMIT | SEPTEMBER 17-19, | #17PACE

15. PACE WASHINGTON SUMMIT | SEPTEMBER 17-19, 2017 | #17PACE
TCPA Case Law
Revocation of Consent
Non-conforming SMS opt-out ineffective (Winner v. Kohl’s Dep’t Stores)
Partial revocation permitted (Schweitzer v. Comenity Bank)- 9th Cir.
Consent obtained via bargained-for bilateral contract not revocable (Reyes v. Lincoln Auto. Fin. Servs.)- 2nd Cir.
Fax sent to affiliated company not reasonable revocation method (Martinez v. TD Bank USA, N.A.)
Letter sent to debt collector’s registered agent is reasonable revocation method (Huffman v. Branch Banking & Trust Co.)
PACE WASHINGTON SUMMIT | SEPTEMBER 17-19, | #17PACE

16. PACE WASHINGTON SUMMIT | SEPTEMBER 17-19, 2017 | #17PACE
TCPA Case Law
Vicarious Liability
United States of America et al v. Dish Network, LLC
Krakauer v. Dish Network, LLC
Jones v. Royal Admin. Servs. (9th Cir.)
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17. PACE WASHINGTON SUMMIT | SEPTEMBER 17-19, 2017 | #17PACE
TCPA Case Law
Faxes
Bais Yaakov of Spring Valley v. FCC (D.C. Cir.)- FCC Ruling on solicited faxes is invalid
Physicians Healthsource, Inc. v. Allscripts Health Sols. Inc.– Bais Yaakov not binding on N.D. Illinois due to 7th Circuit precedent
Sandusky Wellness Ctr. v. Co. V. (6th Cir.)- Bais Yaakov binding outside D.C. Circuit because it was “sole forum” for addressing validity of FCC Ruling on solicited faxes
PACE WASHINGTON SUMMIT | SEPTEMBER 17-19, | #17PACE

18. PACE WASHINGTON SUMMIT | SEPTEMBER 17-19, 2017 | #17PACE
FCC Updates
Commissioners
Chairman Pai; Commissioner O’Rielly; Commissioner Carr (R)
Commissioner Clyburn; Commissioner Rosenworcel (D)
Increased Enforcement
Marketing Strategy Leaders– $120 million
Best Insurance Contracts– $82 million
Dialing Services– $2.88 million
PACE WASHINGTON SUMMIT | SEPTEMBER 17-19, | #17PACE

19. PACE WASHINGTON SUMMIT | SEPTEMBER 17-19, 2017 | #17PACE
FCC Updates
Appeal of 2015 Order
Petitions/Notices
Prior express consent definition*
10 year rule review*
Call authentication (Shaken & Stir)*
Call blocking*
Reassigned number database*
Ringless Voic (withdrawn)
* PACE has filed comments in response to these petitions/notices
PACE WASHINGTON SUMMIT | SEPTEMBER 17-19, | #17PACE

20. The Calling Ecosystem Has Changed
Rebekah Johnson, President/CEO
Gloria-Mac
PACE WASHINGTON SUMMIT | SEPTEMBER 17-19, | #17PACE

21. FCC Robocall Strike Force
On October 26, 2016, the Industry Robocall Strike Force issued a report describing progress made during the first sixty days and outlining a process for continuing the work necessary to develop an industry solution to the robocall problem. The industry committed to continue to work together and to issue another status report in six months. ACT, ATIS, CTIA and USTelecom, who count among their members many Strike Force members, agreed to facilitate that process and work together toward long term goals.
Many industry leaders in robocall mitigation have concluded that there is no “silver bullet” to solve the problem. However, to mitigate the problem of illegal robocalls, the industry is implementing a diverse multitude of evolving mitigation tools and efforts so that it becomes too costly for illegal robocalling campaigns to overcome the industry’s dynamic mitigation techniques.
The organizations focused on continuing work in the same areas identified by the Industry Strike Force during the first sixty days: - Authentication -Empowering Consumer Choice - Detection, Assessment, Traceback and Mitigation -Regulatory Support
PACE WASHINGTON SUMMIT | SEPTEMBER 17-19, | #17PACE

22. Robocall Blocking and Call Labeling
Consumer
Blocking
Customers
Customers
Customers
Customers
Call Blocking/
Labeling
Analytics
Analytics
Analytics
Analytics
No visibility into call labeling or blocking
Industries (Healthcare, Utility, Commercial, Financial, etc.
PACE WASHINGTON SUMMIT | SEPTEMBER 17-19, | #17PACE

23. PACE WASHINGTON SUMMIT | SEPTEMBER 17-19, 2017 | #17PACE
Labeling Your Calls
PACE WASHINGTON SUMMIT | SEPTEMBER 17-19, | #17PACE

24. PACE WASHINGTON SUMMIT | SEPTEMBER 17-19, 2017 | #17PACE
Questions
PACE WASHINGTON SUMMIT | SEPTEMBER 17-19, | #17PACE