Telemarketing Sales Rule Telemarketing

News & Analysis as of

Don’t Call Me, Maybe – Missouri AG Alleges Charter Communications Violated TCPA, TSR, and State Laws under Third-Party Liability...

On Monday, Missouri Attorney General Chris Koster filed a lawsuit against Charter Communications, Inc., alleging that the cable, internet, and telephone service provider’s third party telemarketers made thousands of...more

The Consumer Financial Protection Bureau's case against Citibank for violations relating to credit card add-on products

Today we’re taking a look at the CFPB’s recent enforcement case against Citibank, N.A. (“Citibank”) and two of Citibank’s subsidiaries, Department Stores National Bank (“DSNB”) and Citicorp Credit Services, Inc. (USA) (“CCSI...more

Buried in the Fine Print—The FTC Addresses Prior Express Consent Under the TSR

In a July 14, 2015 letter to PayPal, the FTC indicated that consent language buried within a “lengthy user agreement” does not satisfy the requirement under the Telemarketing Sales Rule (TSR) that companies obtain prior...more

FTC Closes Investigation Involving Proposed Changes to PayPal’s Terms

Earlier this year, PayPal announced planned changes to its User Agreement that would have, among other things, given the company broad rights to contact people by phone or text messages. The provision stated, in part...more

CFPB settles action against provider of student financial aid assistance

The CFPB has announced a proposed settlement with Student Financial Aid Services, Inc. (SFAS) to resolve charges that the company engaged in unlawful sales and billing practices in connection with offering fee-based financial...more

Advertising Law - July 2015 #4

FTC And Florida AG Team up Against Medical Alert Systems - Together with the Florida Attorney General, the Federal Trade Commission filed suit against Lifewatch for allegedly using deceptive robocalls to urge older...more

FTC and State AGs: Political Survey Preface Does Not Allow Sales Robocalls to Avoid Do-Not-Call and Telemarketing Sales Rule...

The Federal Trade Commission (FTC) and 10 state Attorneys General announced the filing of a complaint and proposed stipulations against Caribbean Cruise Line (CCL) and several other companies that, respectively, alleged and...more

Advertising Law - December 2014 #2

Uber’s Privacy Mess Results in Legislative Inquiry - Providing a lesson in how not to handle a privacy policy, car service app Uber is now facing questions from the Senate Subcommittee on Privacy, Technology and the...more

State AGs Urge FTC to Strengthen Telemarketing Sales Rule

This week, 38 state Attorneys General (AGs) submitted comments to update the Telemarketing Sales Rule (TSR). In a letter to the Federal Trade Commission (FTC), the AGs called for a number of new requirements as part of the...more

CFPB Enforcement Action Targets Debt-Settlement Payment Processor For Aiding Collection Of Upfront Fees

On August 25, the CFPB announced a consent order with an Oklahoma-based debt-settlement payment processor for allegedly helping other companies collect unlawful upfront fees from consumers. The CFPB specifically alleged that...more

FTC Reviewing Telemarketing Sales Rule

As part of a systematic review of its regulations, the Federal Trade Commission (FTC) is seeking comment on a variety of issues relating to its Telemarketing Sales Rule (TSR). The FTC is conducting the review “to determine...more

Advertising Law - August 2014 #3

FTC: Telemarketing Sales Rule Ripe For Review - It’s time to review the Telemarketing Sales Rule, the Federal Trade Commission has announced. Enacted in 1995, the Telemarketing Sales Rule (the Rule) has been...more

FTC Undertakes Period Rule Review of Telemarketing Sales Rule

The Federal Trade Commission (FTC) has published in the Federal Register a Request for Comments on all aspects of its Telemarketing Sales Rule (TSR) as part of a routine review of the effectiveness, costs and benefits of its...more

The FTC Is Looking For A Few Good Robocall Hackers

The FCC is not the only federal agency tasked with regulating telephone calls. The FTC also regulates telephone calls pursuant to the Telemarketing Sales Rule (“TSR”) (16 C.F.R. § 310 et seq.). And while the scope of the TCPA...more

Illinois Court Holds Duty to Defend Telemarketing Sales Rule Lawsuit

In its recent decision in North River Ins. Co. v. Guar. Trust Life Ins. Co., 2014 Ill. App. Unpub. LEXIS 736 (Apr. 14, 2014), the Appellate Court of Illinois, First District, had occasion to consider whether an exclusion for...more

Dutch energy company is fined for violating the Dutch telemarketing rules

Last week, the Dutch Authority for Consumers and Markets (“ACM”) imposed a fine on energy company Essent for violating the Dutch telemarketing rules. In short, Essent had called several consumers with respect to a commercial...more

Retailers Ask FCC to Clarify that Text Message Responses Are OK

Should retailers be required to obtain written consent before sending a consumer a text message with information or a coupon that was specifically requested? The Retail Industry Leaders Association (RILA) thinks not, and has...more

Target of CFPB Complaint Loses Argument on Unconstitutionality

The United States District Court for the Central District of California denied a motion to dismiss brought by a target of the CFPB’s enforcement powers. In August 2013, the CFPB filed a complaint against a debt relief-service...more

The Times They Are A Changin' (Again): A How-To Guide Regarding Compliance With New FCC Regulations Mandating Prior Express...

The following fairly unremarkable scenario occurs numerous times every day in countless commercial settings nationwide: a consumer walks up to a cash register to pay for something and, during the course of that exchange, the...more

CFPB Announces Suit Against Debt Settlement Firm

On August 20, the CFPB announced an enforcement action against a debt settlement company for violations of the Telemarketing Sales Rule and the Dodd-Frank Act. The complaint alleges that the company disguised illegal upfront...more

FTC Extends Time To Comment On Proposed TSR Changes

On July 12, the FTC extended the comment deadline on proposed changes to its Telemarketing Sales Rule (TSR)....more

Comment Deadline on Ban of Remotely Created Checks and Payment Orders under FTC Telemarketing Sales Rule Extended to August 8

In May, we highlighted the FTC’s notice of proposed rulemaking that proposed changes to the Telemarketing Sales Rule (TSR) (16 CFR 310). The NPRM included a proposed ban on the use of certain “novel” payment methods in all...more

FTC Looks To Ban Payment Methods Susceptible To Fraud

In May, the Federal Trade Commission issued a Notice of Proposed Rulemaking concerning possible amendments to the Federal Telemarketing Sales Rule, which would prohibit sellers and telemarketers from accepting remotely...more

'Do Not Call' Violations Lead to $7.5 Million Civil Penalty

On Thursday, June 27, 2013, the Federal Trade Commission (“FTC”) announced that Mortgage Investors Corporation of Ohio, Inc. (“Mortgage Investors”) will pay a $7.5 million civil penalty for alleged violations of the...more

FTC Actions Against Payment Processors Heighten Legal Risks for Service Providers in Privacy Cases

In taking action against two payment processors earlier this month for providing processing services to merchants allegedly engaged in deceptive telemarketing practices, the U.S. Federal Trade Commission demonstrated a broad...more

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