FTC Solicits Input on Possible Ban of Payment Methods Preferred by Fraudsters

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The Federal Trade Commission (“FTC”) announced today that it is seeking public commentary on proposed changes to the Telemarketing Sales Rule (“TSR”) that would ban the use of the following types of payments by telemarketers and telephone sellers:

  • remotely created payments linked to a consumer’s bank account using unsigned checks or other payment orders
  • payments using cash-to-cash or cash reload money transfers

In addition, the new rules would expand on the FTC’s ban on advance fee recovery services – a practice whereby an entity charges an advance fee for recovering losses suffered by a consumer from a prior fraudulent telemarketing transaction. The new rules would ban charging advance fees to recover on any loss suffered by a consumer due to fraud, not just losses resulting from a fraudulent telemarketing transaction.

For the complete text of the proposed rulemaking, click here.

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FTC

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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