News & Analysis as of

Lead Generators Do Not Call List Telemarketing

Troutman Pepper Locke

Eleventh Circuit Re-Opens TCPA “Lead Generator Loophole” and Signals Further Erosion of Judicial Deference to Administrative Rules

Troutman Pepper Locke on

In Insurance Marketing Coalition Ltd. v. FCC, ‎— F.4th —-, 2025 WL 289152 (11th Cir. Jan. 24, 2025)‎, the U.S. Court of Appeals for the Eleventh Circuit came to the rescue of the lead generation industry, striking down new...more

Klein Moynihan Turco LLP

1:1 Consent Rule Vacated. What’s Next?

Last week, the United States Court of Appeals for the Eleventh Circuit vacated the Federal Communications Commission’s (“FCC”) 1:1 consent rule. As our readership will recall, the FCC previously voted 4-1 to revise consent...more

Shipkevich PLLC

Mid-Year TCPA Roundup: Navigating Recent Legislative and Litigation Developments

Shipkevich PLLC on

The Telephone Consumer Protection Act (TCPA) landscape continues to evolve as new legislation is implemented and courts across various jurisdictions grapple with complex issues regarding standing, agency, and consent. This...more

Hinch Newman LLP

Three Things Lead Generators Need to Know About the FCC Single Seller Ruling

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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

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

Goodwin

FTC Enters Settlement with California-based Lead Generator

Goodwin on

On January 2, 2024, the Federal Trade Commission (FTC) announced it had reached a settlement with a California-based lead generator resolving allegations that the company facilitated illegal telemarketing calls. This lead...more

Hinch Newman LLP

Insurance Lead Generation Industry Beware: Court Rules Insurer Vicariously Liable for Actions of Independent Contractors and...

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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

Hinch Newman LLP

FCC Announces Final Rule Reflecting Changes to TCPA Revocation of Consent

Hinch Newman LLP on

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

Ballard Spahr LLP

FTC Agrees to Settlement with Lead Generator Banning Telemarketing and Robocall Activities

Ballard Spahr LLP on

The Federal Trade Commission (FTC) recently announced a proposed order settling a Complaint against California-based lead generator Response Tree LLC and its president, Derek Doherty, banning them from making or assisting...more

Venable LLP

FTC Bans Lead Generator from Participating in Robocalls in $7 Million Settlement

Venable LLP on

This week, the Federal Trade Commission (FTC) announced a Proposed Stipulated Order with lead generator Response Tree LLC and its president, resolving allegations that the company violated the Telemarketing Sales Rule (TSR)...more

Ballard Spahr LLP

New FCC rule on TCPA consent for advertising and telemarketing calls and texts will significantly impact callers who obtain...

Ballard Spahr LLP on

By a vote of 4-1, the Federal Communication Commission (FCC) adopted a new rule amending its regulations implementing the Telephone Consumer Protection Act (TCPA) to close what it refers to as the “lead generator loophole.”  ...more

Hinch Newman LLP

FCC Adopts New Rule to Close the Lead Generator Robocall and Robotexts Loophole

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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

Goodwin

FCC Proposes New, Stricter TCPA Rules That Would Limit Lead Generation to One-Company Consent

Goodwin on

On November 22, 2023, the FCC released a Second Report and Order, Further Notice of Proposed Rulemaking, and Waiver Order (Report and Order) outlining new, proposed rules implementing the Telephone Consumer Protection Act, 47...more

Hinch Newman LLP

Lead Generation Industry Turned Upside Down: Proposed FCC Rule Requires Consent Must be Secured From a Single Seller at a Time

Hinch Newman LLP on

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

Hinch Newman LLP

Lead Generator Faces Devastating Monetary Penalties for Allegedly Violating Telemarketing Sales Rule

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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

Robinson+Cole Data Privacy + Security Insider

Marketing Teams: Be Mindful of Robocalling

No one likes a robocall. Yet, we all get them, and the increased frequency of robocalls is astounding. I now don’t pick up any calls on either my residential line or my cell phone unless it is a known number. It can be quite...more

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