Webinar: Compliance and Best Practices for Catalogs, Publications and Student-Facing Materials

Duane Morris is hosting Compliance and Best Practices for Catalogs, Publications and Student-Facing Materials, the second session in its Boot Camp for Education Legal Leadership series. The webinar takes place  Wednesday, February 28, 2024, at 2:00 p.m. Eastern | 11:00 a.m. Pacific.

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About the Program

The start of the year is an excellent time for institutions to review their policies and establish a review cycle for all of their student-facing publications. In this session, Duane Morris Education attorneys will discuss strategies and best practices for institutions conducting policy, catalog and handbook reviews for the 2023-24 academic year with a focus on the value these materials have in mitigating institutional risk in the current active regulatory climate.

FCC Order Closes TCPA Lead Generator Loophole – Requires One-to-One Consent and Applies Do-Not-Call Requirements to Texts

On December 18, 2023, the Federal Communications Commission (“FCC”) released a Second Report and Order, Further Notice of Proposed Rulemaking, and Waiver Order (“Report and Order”) outlining new rules and regulations under the Telephone Consumer Protection Act (“TCPA”) to limit unwanted and unlawful texting. The FCC Order explicitly seeks to close the “lead generator loophole” by which lead generators rely on a single consent granted by the consumer to apply to multiple businesses at once.

Key rules in the Report and Order likely to apply to educational institutions include:

  • One-to-One Consent. The Order amends the “prior express written consent” requirement to state that consent must clearly and conspicuously authorize communications using an auto dialer or prerecorded message from a single seller at a time (i.e. “one-to-one consent”) and that such calls and texts must be logically and topically related to the interaction the prompted consent.
  • Codifying DNC Rule for Texts. The Order codifies prior FCC and court precedent that the application of the TCPA’s Do-Not-Call (“DNC”) Registry provisions apply to text messages, making it illegal for marketing texts to be sent to numbers on the Registry without an exception.

The FCC included a reminder to companies that burden of proof is on the texter or caller (not the lead generator) to prove that they have obtained valid consent. Businesses that use lead generators should review their contracts with these service providers to ensure compliance with these new rules and audit all lead generation sites for compliance. Any schools that use text marketing should also review their texting and Do-Not-Call policies to ensure they are compliance with these new rules.

Read the full Alert on the Duane Morris LLP website.

Webinar: The Regulatory Landscape ‒ A Dynamic and Disruptive 12 Month

Duane Morris will present Boot Camp for Education Legal Leadership, Session 1: The Regulatory Landscape ‒ A Dynamic and Disruptive 12 Months, on Wednesday, January 24, 2024, at 2:00 p.m. Eastern time/11:00 a.m. Pacific time.

The past 12 months have been one of the most active in recent memory for the U.S. Department of Education in publishing new regulations and issuing new policy guidance in the area of Title IV, Higher Education Act compliance. Join the Education Industry Group at Duane Morris for review and analysis of these developments and how they impact your institution, both now and in the near future.

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EdUp Legal Podcast: The Latest on DOE Regulations

Tony Guida, Duane Morris partner and Team Lead of the Education Industry Group, is featured in the EdUp Legal podcast.

In the episode,  Tony discussed the Department of Education’s most recent suite of regulations impacting institutions’ participation in the Title IV program, specifically with respect to certification, financial responsibility and administrative capability.

Listen to the EdUp Legal podcast, hosted by Deborah Solmor.

Department of Education’s Final Rule on Financial Value Transparency and Gainful Employment Published

On October 10, 2023, the U.S. Department of Education published the final rule on financial value transparency and gainful employment (88 Fed. Reg. 70004). The regulation restores and expands an accountability framework for career-specific training programs. At the same time, the regulation creates, for the first time, a new disclosure framework applicable to educational programs offered by all institutions participating in the Title IV, Higher Education Act (HEA) federal student aid funding programs.

This summary provides an overview of important facts and key elements of the final rule.

Read the full Alert on the Duane Morris LLP website.

Webinar: Understanding Borrower Defense to Repayment Claims

Duane Morris is hosting the webinar Understanding Borrower Defense to Repayment Claims on Thursday, October 5, 2023, from 2:00 pm to 3:00 p.m. Eastern.

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About the Program

Institutions of higher education – public, nonprofit and proprietary – have reached out to Duane Morris’ Education Group with questions and concerns regarding Borrower Defense to Repayment claims. Join us for recommendations on how to handle these inquiries, insights on best practices and what to expect in terms of next steps.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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