The FTC often initiates enforcement actions seeking to hold companies responsible for consumer injury caused by others or in which they directly participated in the misconduct. FTC CID and investigation attorney previously...more
10/25/2024
/ Advertising ,
Compliance ,
Credit Cards ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Financing ,
Fraud ,
Lead Generators ,
Liability ,
Multi-Party Litigation ,
Robocalling ,
Telemarketing Sales Rule ,
VoIP
On October 11, 2024, the Federal Communications Commission announced that the effective date for Telephone Consumer Protection Act (TCPA) rules on revoking consent for unwanted robocalls and robotexts is set for April 11,...more
As previously blogged about, here, the Federal Communications Commission recently published the final, single-seller lead generator consent rule (the “Rule”). The Rule amends the definition of “prior express written...more
6/24/2024
/ Artificial Intelligence ,
Auto-Dialed Calls ,
Do Not Call List ,
FCC ,
Federal Trade Commission (FTC) ,
Final Rules ,
Lead Generators ,
Recordkeeping Requirements ,
TCPA ,
Telemarketing ,
Written Consent
The FTC has initiated a number of investigations and enforcement actions in recent years holding companies responsible for consumer injury caused by others or in which they directly participated in the misconduct.
For...more
5/20/2024
/ Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Fraud ,
Investigations ,
Lead Generators ,
Liability ,
Marketing ,
Misleading Statements ,
Third-Party Liability ,
Unfair or Deceptive Trade Practices ,
VoIP
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
Insurance lead generation industry take note because an Illinois federal court recently held that Allstate violated the Telephone Consumer Protection Act as a result of the actions of its third party, independent contractors...more
4/16/2024
/ Allstate ,
Class Certification ,
Consent ,
Do Not Call List ,
Federal Trade Commission (FTC) ,
Independent Contractors ,
Insurance Industry ,
Joinder ,
Lead Generators ,
Liability ,
Motion for Summary Judgment ,
Regulatory Violations ,
Subcontractors ,
TCPA ,
Telemarketing
As blogged about recently, 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 requirements. ...more
3/27/2024
/ Abusive Acts ,
Audits ,
B2B Transactions ,
Compliance ,
Deceptively Misdescriptive ,
Established Business Relationship ,
Federal Trade Commission (FTC) ,
Fraud ,
Lead Generators ,
New Rules ,
Recordkeeping Requirements ,
TCPA ,
Telemarketing ,
Telemarketing Sales Rule ,
Telephone Service Providers ,
Training Requirements
On March 5, 2024, the Federal Communications Commission announced that it has adopted new rules and codified previously adopted protections that make it simpler for consumers to revoke consent to unwanted robocalls and...more
3/18/2024
/ Artificial Intelligence ,
Auto-Dialed Calls ,
Call Centers ,
Consent ,
Digital Markets Strategy ,
Do Not Call List ,
FCC ,
Federal Trade Commission (FTC) ,
Final Rules ,
Lead Generators ,
Opt-Outs ,
Revocation ,
Robocalling ,
TCPA ,
Telemarketing ,
Text Messages
The Federal Communications Commission has published its new rule designed, in part, to close the lead generator loophole by amending the definition of “prior express written consent” for purposes of the Telephone Consumer...more
1/31/2024
/ Consent ,
FCC ,
Lead Generators ,
New Rules ,
Notice of Proposed Rulemaking (NOPR) ,
Opt-Outs ,
Robocalling ,
TCPA ,
Telemarketing ,
Text Messages ,
Written Consent
On December 13, 2023, the Federal Communications Commission adopted new rules designed to protect consumers from “scam communications” by directly addressing some of the “biggest vulnerabilities” in America’s robotext...more
One of the key issues relating to the NPRM pertains to consent being sent directly to/obtained by one seller at a time.
The FCC has now circulated its proposed rule. It has not been adopted yet but it looks like it will be...more
11/27/2023
/ Consent ,
Do Not Call List ,
FCC ,
Lead Generators ,
Notice of Proposed Rulemaking (NOPR) ,
Prior Express Consent ,
Proposed Rules ,
Robocalling ,
TCPA ,
Telemarketing ,
Text Messages ,
Unsolicited Advertisements
On September 1, 2023, an Illinois federal court ruled in the matter of Federal Trade Commission v. Day Pacer LLC, et al. (N.D. Ill. Sept. 1, 2023) that Day Pacer (f/k/a EduTrek) and company executives violated the...more
9/14/2023
/ Antitrust Violations ,
CID ,
Civil Monetary Penalty ,
Consumer Information ,
Do Not Call List ,
Enforcement ,
Federal Trade Commission (FTC) ,
Investigations ,
Lead Generators ,
Partial Summary Judgments ,
Telemarketing ,
Telemarketing Sales Rule ,
Third-Party Service Provider ,
Unconstitutional Condition ,
VoIP
As previously blogged about here, the FCC recently proposed a rule that would turn the lead generation on its head. The proposed new rule goes quite a bit further than simply requiring wireless carriers to block texts from...more
Lead generators beware. The FTC has issued a Notice of Proposed Rulemaking that would turn the lead generation industry on its head.
Amongst numerous items currently on the FCC’s agenda, there is discussion on closing the...more
In December 2022, the FCC’s Robocall Response Team announced that the Enforcement Bureau has ordered telecommunications companies to stop carrying robocalls related to known student loan scams. Voice service providers must...more