Regulatory update: Robocall and Robotexting

The FCC recently passed the “lead generator loophole” law that significantly impacts the ways companies can market using purchased leads. There have been some recent updates to this regulation regarding robocalls and robotexts. Here is everything you need to know.

Overview of the new rule

Announced on February 8, 2024 and effective immediately, the FCC banned robocalls using cloned voices developed with artificial intelligence.

Other important dates to remember:

• March 26, 2024: FCC codifies national do not call (DNC) registry’s protections to extend to text messages
• July 24, 2024: Mobile wireless carries are required to block text messages from numbers provided by FCC (carriers to notify FCC of reassigned numbers)

This bill also encourages mobile wireless providers to make email-to-text a proactive “opt-in” service.

What this means for your business

1. Increased Compliance Burden: This new amendment immediately impacts AI-generated robocalling, revealing heightened scrutiny and more rigor required to enforce processing requirements for SMS/Text messaging channels (which are now more aligned with phone calls), as well as elevated potential for penalties, fines, and audits due to non-compliance
2. Reassessed Communication Strategies: Businesses may need to reassess their communication strategies, particularly if they rely on certain phone numbers for text message outreach
3. Mobile Wireless Provider Specific Impacts: Operational adjustments will be needed to ingest FCC-supplied information, implement text blocking processes based on that data, and sending updates to the FCC for known number reassignment; Mobile wireless providers may alter their email-to-text service offerings to comply with FCC encouragement, impacting existing practices

How Gryphon can help

1. Enhance Customer Interactions: Gryphon fully supports client frequency controls for outreach and makes it easy to leverage existing customer relationships to offset potential reductions in outreach by managing EBR data
2. Streamline Consent Management: Efficiently manage and track customer contact preferences and express written consent using Gryphon’s exemption/consent management engines, staying ahead of evolving compliance requirements

Gryphon ONE Platform

1. Revenue Optimization: The ability to expand the marketing contact universe, by tapping into compliance areas currently over-suppressed and/or underutilized
2. Regulatory Enforcement: Gryphon enforces regulatory compliance across internal and third-party entities for DNC/TCPA, data management, and other rules
3. Comprehensive Logging: Gryphon ONE platform logs every event, providing transparency through dashboards, push reports, and other data exchange methods
4. Complexity Management: As regulations evolve, Gryphon simplifies the complex landscape of jurisdiction-specific rules, ensuring adherence to protect brand reputation
5. Thought Leadership in Compliance: Gryphon provides nearly 25 years of expertise in contact compliance, ensuring guidance across companies of all sizes

In a landscape where compliance is non-negotiable, Gryphon’s ONE platform stands as a robust solution to navigate the complexities of FCC’s robocall and robotexting rules, offering unparalleled support for businesses aiming to protect their brand reputation and shareholders. 

If you are looking for a compliance solution to help with the ever-changing regulatory landscape, contact us today.

*This is a marketing blog and not intended nor should be interpreted as legal advice.