The Federal Communications Commission’s Reassigned Numbers Database is designed to prevent a consumer from getting unwanted calls intended for someone who previously held their phone number. Telemarketers can use the...more
The Telephone Consumer Protection Act is a federal statute that governs various telemarketing practices. Following the U.S. Supreme Court decision in Facebook v. Duguid (narrowing the interpretation autodialer), the...more
5/12/2025
/ Class Action ,
Consent ,
Consumer Protection Laws ,
Do Not Call List ,
Facebook Inc v Duguid ,
FCC ,
Litigation Strategies ,
Prior Express Consent ,
Robocalling ,
SCOTUS ,
Statutory Damages ,
Statutory Interpretation ,
TCPA ,
Telemarketing ,
Text Messages
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
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
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
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
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
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
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