In Episode 3 of ComplianceTalk, Michele Shuster and Chad Blackham explore the regulatory and litigation developments reshaping calling, texting, and digital marketing compliance—and what they mean for businesses operating in an increasingly unsettled environment.
The episode examines two FCC proceedings that signal heightened scrutiny of call‑center activity, particularly overseas operations. One proposal targets foreign‑based call centers and contemplates call‑volume limits, enhanced disclosure obligations, bonding requirements, and even tariff‑related consequences tied to goods or services sold by phone. The discussion also highlights an FCC request for comment on telephone number assignment and rotation, raising questions about how numbers are accessed, resold, and reused—and how those practices affect call blocking and labeling risks.
Recent TCPA case law is also in focus, including a Fifth Circuit decision that challenges long‑standing assumptions around prior express written consent for certain autodialed or prerecorded calls. The ruling reflects a broader judicial shift toward strict statutory interpretation rather than reliance on FCC guidance, creating new uncertainty for businesses operating across jurisdictions.
The episode closes with a look at mounting email compliance exposure under state law. Despite federal CAN‑SPAM preemption, states such as Washington, California, and Nevada continue to see active litigation over deceptive subject lines and other misleading practices, often backed by statutory penalties. Together, these developments underscore the need for companies to reassess their multichannel marketing strategies as regulators and courts continue to redraw the compliance boundaries.
