On the eve prior to its effective date, the FCC’s One-to-One Consent Rule that sought to redefine the meaning of "prior express written consent" under the Telephone Consumer Protection Act, was postponed for one year by order...more
1/27/2025
/ Administrative Procedure Act ,
Compliance ,
Consent ,
Consumer Protection Laws ,
Enforcement Actions ,
FCC ,
Prior Express Consent ,
Robocalling ,
Rulemaking Process ,
TCPA ,
Telecommunications
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
On August 8, 2024, the Federal Trade Commission announced that as a result of a lawsuit, two defendants that allegedly helped operate a purported business opportunity scheme known by several names have agreed to settlements...more
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
In February 2023, the U.S. Justice Department announced that, together with the Federal Trade Commission, a civil enforcement action had been filed against several corporate and individual defendants for alleged violations of...more
3/11/2024
/ California ,
Consent ,
Debt-Relief Industry ,
Department of Justice (DOJ) ,
Do Not Call List ,
Federal Trade Commission (FTC) ,
FTC Act ,
Misrepresentation ,
Robocalling ,
TCPA ,
Telecommunications ,
Telemarketing ,
Telemarketing Sales Rule
On March 7, 2024, the Federal Trade Commission announced a final rule extending telemarketing fraud protections to businesses and updating the rule’s recordkeeping requirements as a result of developments in technology and...more
3/8/2024
/ Advertising ,
Artificial Intelligence ,
B2B Transactions ,
Do Not Call List ,
Emerging Technologies ,
Federal Trade Commission (FTC) ,
Final Rules ,
Fraud ,
Global Marketplace ,
Proposed Amendments ,
Proposed Rules ,
Recordkeeping Requirements ,
Robocalling ,
Scams ,
Small Business ,
Technology Sector ,
Telemarketing ,
Telemarketing Sales Rule
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
It is no secret amongst digital advertisers and FTC practice defense counsel that the Federal Trade Commission and state attorneys general continue to aggressively investigate and prosecute those that advertise, market,...more
5/1/2023
/ Advertising ,
Amazon ,
Business Opportunity Laws ,
Civil Monetary Penalty ,
Compliance ,
Consumer Protection Laws ,
Department of Justice (DOJ) ,
E-Commerce ,
Enforcement ,
Federal Trade Commission (FTC) ,
FTC Act ,
Investment Management ,
Robocalling ,
Unfair or Deceptive Trade Practices
In April 2023, the Federal Trade Commission announced a number of consumer protection actions and inquiries involving an important U.S. Supreme Court Ruling regarding the ability of defendants in FTC and SEC actions to raise...more
4/24/2023
/ Administrative Law Judge (ALJ) ,
Advertising Substantiation ,
Automatic Renewals ,
Consumer Protection Laws ,
Counterfeiting ,
Credit Cards ,
Department of Justice (DOJ) ,
Dietary Supplements ,
Disclosure Requirements ,
Enforcement ,
False Advertising ,
Federal Trade Commission (FTC) ,
Homeopathic Remedies ,
Investigations ,
Misleading Statements ,
Opioid ,
Over The Counter Drugs (OTC) ,
Penalties ,
Robocalling ,
Rulemaking Process ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Social Media ,
Subscription Services ,
Targeted Digital Advertising ,
Telemarketing ,
VoIP
In March 2023, the Federal Trade Commission announced a number of consumer protection actions involving data privacy, COVID health claims, a robocall debt relief pitch scheme, and alleged harmful noncompete restrictions. The...more
3/20/2023
/ Consumer Protection Laws ,
Coronavirus/COVID-19 ,
COVID-19 Consumer Data Protection Act ,
Data Privacy ,
Debt-Relief Industry ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
FTC Act ,
LGBTQ ,
Mental Health ,
Non-Compete Agreements ,
Penalties ,
PHI ,
Popular ,
Robocalling ,
Social Media ,
Targeted Digital Advertising ,
Telemarketing ,
Telemarketing Sales Rule
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
On December 6, 2022, New York Governor Kathy Hochul signed legislation intended to crack down on unwanted telemarketing calls.
Legislation (S.8450-B/A.8319-C) requires telemarketers to give customers the option to...more