News & Analysis as of

Telemarketing Sales Rule

Ballard Spahr LLP

CFPB, Credit Repair Cloud Reach Deal Over Illegal Marketing Allegations

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The CFPB and Credit Repair Cloud, have reached agreement over allegations that the firm helped other credit repair businesses charge illegal fees to consumers....more

Orrick, Herrington & Sutcliffe LLP

CFPB proposes $3M fine in settlement with credit repair software company and CEO

On August 8, the CFPB proposed a stipulated final judgment and order to the U.S. District Court for the Central District of California against a credit repair software company. If approved by the District Court, this order...more

Goodwin

Federal Court Grants TRO Against Debt Relief Company Targeting Spanish-Speaking Student Loan Borrowers

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​​​​​​​On July 22, 2024, the Federal Trade Commission announced that the U.S. District Court for the Middle District of Florida had granted its motion for a temporary restraining order against a debt relief company that...more

Cozen O'Connor

Illegal Advance Fees a Dark Cloud Over Credit Repair Company

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The CFPB has entered into a proposed stipulated final judgment and order with Daniel A. Rosen Inc., d/b/a Credit Repair Cloud and its owner (collectively, “CRC”) to resolve allegations that CRC violated the Telemarketing...more

Orrick, Herrington & Sutcliffe LLP

FTC asks court to approve $43.5M settlement against for-profit school

On July 29, the FTC released its complaint and stipulated order against a for-profit educational institution located in Georgia for allegedly making false or unsubstantiated representations to convince consumers to enroll in...more

Sheppard Mullin Richter & Hampton LLP

CFPB Settles Action against Third-Party Service Provider Supporting Credit Repair Industry

On August 8, the CFPB filed a proposed order to resolve its 2021 lawsuit (previously discussed here) against a California-based software company and its CEO for their role in helping credit repair businesses charge illegal...more

Orrick, Herrington & Sutcliffe LLP

District Court grants FTC’s TRO and asset freeze against debt company

Recently, the U.S. District Court for the Middle District of Florida granted an order brought by the FTC against a debt relief company for violations of several statutes. The court agreed that the defendants have: (i) made...more

Venable LLP

FTC Steps on Career Step and Alleged Inflated Promises of Employment Opportunities

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In July, the Federal Trade Commission (FTC) brought a complaint against Career Step LLC for targeting servicemembers with misrepresentations concerning Career Step’s ability to match its customers with jobs in the healthcare...more

Troutman Pepper

Regulation Through Enforcement: Insights From the BlueSnap Lawsuit — Payments Pros: The Payments Law Podcast

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In this episode of Payments Pros, host Keith Barnett discusses the Federal Trade Commission's (FTC) lawsuit and $10 million settlement against the payment facilitator, BlueSnap. On May 1, the FTC filed a complaint alleging...more

Orrick, Herrington & Sutcliffe LLP

CFPB orders debt relief servicer to pay $400,000 for charging advanced fees

On May 20, the CFPB released its consent order and stipulation against a debt relief provider for alleged deceptive acts and practices in violation of the CFPA and for alleged deceptive telemarketing practices and collection...more

Goodwin

CFPB Enters Consent Order Over Student Loan Debt Relief Services

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​​​​​​​On May 20, 2024, the Consumer Financial Protection Bureau (CFPB) announced that it had entered into a consent order with a California-based telemarketer that offered student loan debt relief services resolving...more

Hudson Cook, LLP

CFPB Issues Order Against Student Loan Debt Relief Telemarketer

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On May 20, 2024, the CFPB announced a settlement with a telemarketing company that offers student loan debt relief services to resolve allegations that it violated the Telemarketing Sales Rule ("TSR") and the Consumer...more

Arnall Golden Gregory LLP

BlueSnap: The FTC Remains Aggressive and Sheds New Light on Disfavored Merchant Verticals, Acquirer Practices

On May 1, 2024, the FTC filed suit against BlueSnap, an international payment facilitator, along with two of its executives, simultaneously submitting a stipulated order containing both monetary and non-monetary relief. The...more

Wiley Rein LLP

Wiley Consumer Protection Download (May 14, 2024)

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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Klein Moynihan Turco LLP

Insurance Company Hit With Do Not Call Class Action Lawsuit

On May 6, 2024, Tarkenton Senior Solutions, LLC. (“Tarkenton”) was sued in the Northern District of Georgia for allegedly violating the Do Not Call provisions of the Telephone Consumer Protection Act (“TCPA”). The National Do...more

Orrick, Herrington & Sutcliffe LLP

Florida enacts telemarketing exemption from credit counseling services law

On April 26, the Governor of Florida signed into law HB 1031 (the “Act”), which will amend Florida’s credit counseling services law to provide an exception for telemarketers and sellers that furnish “debt relief services” (as...more

Hinch Newman LLP

Update for Lead Generators Concerning FTC’s New TSR Recordkeeping Rules

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As previously blogged about, on March 7, 2024, the Federal Trade Commission announced a final rule extending telemarketing fraud protections to businesses and updating the Telemarketing Sales Rule’s recordkeeping...more

Kelley Drye & Warren LLP

Update on TSR Amendments and Recordkeeping Requirements

As an update to our earlier blog post detailing the FTC’s amendments to the Telemarketing Sales Rule, the changes have since been published in the Federal Register, with an effective date of May 16, 2024....more

BakerHostetler

In Recent Report to Congress, FTC Makes Clear: Let Us Go Directly to Court, on Our Own, for Money

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The other week, the Federal Trade Commission (FTC) issued a Report to Congress under the FTC Collaboration Act that requires the FTC to conduct a study on its efforts with state attorneys general to combat fraud across the...more

Orrick, Herrington & Sutcliffe LLP

FTC issues NPRM to extend TSR coverage for inbound calls on elder fraud

On April 16, the FTC published an NPRM for the Telemarketing Sales Rule (TSR) in the Federal Register to extend the TSR’s coverage to inbound telemarketing calls by consumers to include technical support service – i.e., calls...more

Orrick, Herrington & Sutcliffe LLP

FTC amends the TSR on recordkeeping and prohibiting misrepresentations

On April 16, the FTC issued a final rule amending the Telemarketing Sales Rule (TSR) to add requirements for telemarketers to maintain transaction records, prohibit misrepresentations, and add a new definition for “previous...more

Venable LLP

Telemarketing and Texting: An Excerpt from the Advertising Law Tool Kit

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Telephone and text message marketing poses private litigation risks and regulatory hurdles that should be considered before any campaign. The Federal Trade Commission (FTC), the Federal Communications Commission (FCC), and...more

Manatt, Phelps & Phillips, LLP

FTC Regulation Tracker – March 2024

The Final Rules keep rolling in, but with a twist. Each of the two Final Rules released in March were accompanied by Supplemental Notices of Proposed Rulemaking. In both cases, the Supplemental Rulemakings, if adopted, would...more

Wiley Rein LLP

Wiley Consumer Protection Download (April 2, 2024)

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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Hudson Cook, LLP

FTC Announces Telemarketing Sales Rule Amendment Regulating B2B Telemarketing

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On March 7, 2024, the Federal Trade Commission announced significant amendments to its Telemarketing Sales Rule. The effective dates for these changes are tied to publication of this announcement in the Federal Register,...more

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