News & Analysis as of

Robocalling Federal Trade Commission

FTC’s Prohibition On Illegal Sales Calls And Robocalls

by Fox Rothschild LLP on

The Federal Trade Commission (“FTC”) operates a single National Do Not Call Registry at donotcall.gov for both personal land lines and cell phones. Although the FTC notes that the Federal Communications Commission (“FCC”)...more

Financial Services Weekly News - August 2017 #3

by Goodwin on

Editor's Note - In This Issue. The Department of Labor (DOL) filed a Notice of Administrative Action seeking to delay the Fiduciary Rule until July 2019; federal banking agencies issued guidance on the capital treatment of...more

FTC Uses Consumer Complaints to Combat Alleged Robocalls

by Goodwin on

The Federal Trade Commission (FTC) is using consumer complaints in its effort to quell alleged illegal robocalls. On September 1, 2009, the FTC issued rules prohibiting robocalls made without a consumer’s prior written...more

AD-ttorneys@law

by BakerHostetler on

Welcome to AD-ttorneys@law, BakerHostetler’s new weekly publication focused on keeping you up to date on legal and regulatory developments in advertising, marketing and digital media. With AD-ttorneys@law, you’ll get the...more

Federal Trade Commission Obtains Judgment Against Robocallers

by King & Spalding on

On Wednesday, May 31, 2017, the Federal Trade Commission (“FTC”) secured default judgments against an individual responsible for hundreds of millions of illegal “robocalls” and nine companies he controlled, resulting in a...more

FTC and Florida AG Agree to Nearly $5 Million Settlement With Defendants Pitching “Worthless” Credit Card Interest Rate Reductions

by Goodwin on

On June 5, 2017, the Federal Trade Commission (FTC) announced that a federal district court had entered its eighth order against the remaining defendants in an illegal robocall ring in which defendants promised to help...more

Global Privacy & Cybersecurity Update Vol. 14

by Jones Day on

New York Attorney General Announces Record Number of Data Breach Notices in 2016 - On March 21, 2017, the New York Attorney General's Office announced that it received 1,300 reported data breaches in 2016—a 60 percent...more

TCPA Connect - June 2017

Would-Be Employer Targeted in New TCPA Suit - Could employers be the next target for Telephone Consumer Protection Act class actions? - Hopefully not, after an Illinois federal court judge dismissed a complaint brought...more

D.C. District Court Upholds FTC Staff’s Decision To Reverse Course On Soundboard Telemarketing Technology

Not all automated voices are created the same. At least that is what the FTC staff had signaled to the telemarketing industry in a September 2009 opinion letter stating that telemarketing calls using “Soundboard” technology...more

FTC Extension of Robocalling Rules Is Approved By Federal Court

by Reed Smith on

Last week, a D.C. District Court declined to find the Federal Trade Commission’s decision to extend robocalling restrictions to telemarketing calls that use “soundboard” technology unconstitutional or in violation of any...more

Advertising Law - May 2017

Trust for TRUSTe’s COPPA Changes? FTC Seeks Comment - Changes may be coming to TRUSTe’s safe harbor program under the Children’s Online Privacy Protection (COPPA) Rule, and the Federal Trade Commission is seeking public...more

Federal court upholds FTC opinion applying TSR robocall consent requirement to calls made using soundboard technology

by Ballard Spahr LLP on

A D.C. federal district court has rejected a trade group’s attempt to invalidate a November 2016 FTC opinion in which the agency concluded that outbound telemarketing calls made using soundboard technology are subject to the...more

Judge Upholds FTC Staff Opinion that Avatar Calls are Prerecorded Messages under TSR

by Kelley Drye & Warren LLP on

Yesterday, a D.C. district court upheld a recent opinion letter issued by FTC staff that extended robocalling restrictions to telemarketing calls that use so-called soundboard technology or “avatars.” This technology...more

FTC and 10 States Settle with Caribbean Cruise Lines for Robocall Accusations

Last week, the Federal Trade Commission (FTC) and ten states settled charges against the Florida-based cruise line, Caribbean Cruise Line, Inc. (CCL), for an illegal telemarking campaign that inundated consumers with billions...more

Advertising Law - February 2017

SPECIAL FOCUS: Current State of the FTC: Three Top Priorities - On February 2, Acting Chairman of the Federal Trade Commission, Maureen Ohlhausen, addressed the ABA 2017 Consumer Protection Conference in Atlanta and...more

Advertising Law - November 2016 #3

Will Green Guides Address Organic? FTC/USDA Roundtable Report - On October 20, 2016, the Federal Trade Commission and the U.S. Department of Agriculture co-hosted a roundtable discussion in Washington, D.C., entitled...more

FTC Settles With Sales Lead Generators For $100,000

by Reed Smith on

Last week, the Federal Trade Commission (“FTC”) settled a claim against the Consumer Education Group for $100,000 regarding alleged violations of the FTC’s Telemarketing Sales Rule (“TSR”) and Section 5(a) of the FTC Act. The...more

Political Robocall Regulatory Considerations

by Clark Hill PLC on

In the midst of the campaign season it is important for campaign committees, political party committees, third-party advocacy groups, and vendors to be aware of the laws regulating prerecorded voice messages and autodialed...more

Advertising Law - August 2016

Court Awake To Plaintiff’s Deceptive Sleep-Tracking Claims Against Fitbit - A challenge to Fitbit’s claims that certain models of its exercise monitoring device tracked users’ sleep patterns will move forward after a...more

TCPA Connect - July 2016

FCC: U.S. Government Is Not a Person Under TCPA - In response to petitions filed by three government contractors seeking clarification that the federal government and its agents were exempt from liability under the...more

Advertising Law - June 2016 #4

FTC Shuts Down Scam Touting Aid for Disabled Individuals - A telemarketer faces a Federal Trade Commission ban on claims that the sales of products would help disabled individuals....more

CRTC enters into MOU with FTC on spam and unlawful telemarketing

by Dentons on

As we have noted in previous posts, the Canadian Radio-television and Telecommunications Commission (CRTC) has repeatedly highlighted its work with its international counterparts to combat spam and unlawful telemarketing,...more

Key Takeaways from the Consumer Protection Forum

by Holland & Knight LLP on

Holland & Knight and the Word of Mouth Marketing Association (WOMMA) hosted a half-day forum that featured government officials discussing hot-button issues in consumer protection regulation and enforcement. Speakers at the...more

Focus on the TCPA: Consolidated Appeal of FCC’s TCPA Order Continues to Grow

by Burr & Forman on

The Federal Communications Commission’s (FCC) July 10, 2015 Declaratory Ruling and Order on the Telephone Consumer Protection Act (TCPA) was received by many in the business community with great concern. The Order’s seemingly...more

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

by Perkins Coie on

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

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