So I’m freaking out a little.
Allstate was just ordered to produce its entire internal DNC list to Alex Burke.
Allstate. Entire Internal DNC list. Delivered to Alex Burke.
Huge. Terrifying. Huge. Terrifying. Huge. Terrifying.
Let me set the stage here.
Many of you have been around long enough to remember the jaw-dropping result in the old Dish Network ruling resulting in $283MM in penalties.
The single most important take away from that ruling was that sellers who rely on third parties to market their goods need to coordinate between vendors to make sure that a DNC report to any one of them is properly communicated upstream to the seller and then re-communicated downstream back to the web of marketers pitching the sellers’ goods.
Stated alternatively, a DNC request to any marketer must be treated as a DNC request to every marketer selling the same good or service for the seller. And a failure by the seller to coordinate those requests through all marketers can yield really bad results.
So, for instance, if marketer A is told to stop calling about seller X’s goods, seller X needs to make sure that marketers B and C–who also sell X’s goods–are notified and stop calling. If B or C call the same consumer who asked for calls to stop, Seller X is liable for a TCPA violation–although B and C likely are not directly liable.
There is a bit of a disconnect then between the needs of the seller to stop calls and the incentives of the marketers, who are not…