News & Analysis as of

Robocalling Telemarketing Sales Rule

Troutman Amin LLP

CHEAP JEWELRY EXPENSIVE SETTLEMENT?: Zales Surrenders in $7.5MM TCPA Class Action Involving SMS Messages to DNC Numbers–and This...

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Well the #biglaw surrender monkeys have struck again. This time it is Zales– the diamond store– that has face-planted in a TCPA class action as a result of big law representation. Not sure when folks are going to figure this...more

Orrick, Herrington & Sutcliffe LLP

FTC updates fees for accessing the National Do Not Call Registry

On August 27, the FTC issued a final rule to amend the Telemarketing Sales Rule to update the fees charged to entities for accessing the National Do Not Call Registry. The annual fee for access to the Registry for each area...more

Troutman Amin LLP

SILLY TROLL: No You Can’t Invite Calls And then Sue For Them

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Every once in a while I see a case where a Plaintiff invites calls on a recorded call and then sues for the calls. Its weird. But it happens often enough that it merits discussion. So the law requires written prior express...more

Alston & Bird

Operation Robocall Roundup: State AGs Target Voice Providers

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What Happened? In a nationwide push to combat illegal robocalls, 51 state and attorneys general—through the Anti-Robocall Litigation Task Force— have launched Operation Robocall Roundup, targeting voice service providers...more

Cozen O'Connor

FTC Nets $145M to Resolve Deceptive Online Health Insurance Marketing Claims

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The FTC has reached proposed settlements with Assurance IQ, LLC and MediaAlpha, Inc., resolving allegations that the companies misled consumers into buying health insurance plans without the promised coverage and subjected...more

Kelley Drye & Warren LLP

FCC and State AG Announcements Show Focus on Robocall Enforcement

Regulatory enforcement priorities can vary greatly between individual states and between the states and the federal government. But as we have previously reported, there is one area where regulators across the board tend to...more

Klein Moynihan Turco LLP

One-to-One Consent Rule Vacated: What Comes Next?

In a stunning, if not entirely unexpected development, the United States Court of Appeals for the Eleventh Circuit has vacated the Federal Communications Commission’s (“FCC”) one-to-one consent rule. The decision prevented...more

Klein Moynihan Turco LLP

Trucking Marketing Communications are Subject to Various Regulations!

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On February 28, 2024, Motive Technologies Inc., formerly known as Keep Truckin (“Defendant”), was sued in the United States District Court for the Northern District of California for allegedly delivering prerecorded...more

Cozen O'Connor

FTC Warning Letters Flag Deceptive Health Insurance Marketing Practices

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The FTC sent warning lettersto 21 companies engaged in marketing and lead generation for Affordable Care Act Marketplace health insurance and healthcare-related products regarding practices that may violate the FTC Act and...more

Troutman Pepper Locke

North Carolina AG Sues Timeshare Company for Unsolicited Robocalling

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On October 18, North Carolina Attorney General (AG) Josh Stein filed a complaint against timeshare company Club Exploria, LLC, for allegedly using robocall machines to make unsolicited calls to consumers....more

Cozen O'Connor

The State AG Report – 10.24.2024

Cozen O'Connor on

Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •AG Task Force Issues Warning over Illegal Robocalls - ...more

Cozen O'Connor

AG Task Force Issues Warning over Illegal Robocalls

Cozen O'Connor on

The bipartisan Anti-Robocall Multistate Litigation Task Force—consisting of 51 AGs—issued a warning letter to iDentidad Advertising Development LLC, d/b/a iDentidad Telecom (“iDentidad”), raising concerns that iDentidad may...more

Hinch Newman LLP

The FTC and Multi-Party Liability

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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

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Regulatory Update — FCC Strengthens Robocall Enforcement Partnerships, Amends Telemarketing...

Commission Strengthens International and Domestic Robocall Enforcement Partnerships - The Federal Communications Commission (FCC) entered into three new agreements to enhance its robocalling investigation and enforcement...more

Sheppard Mullin Richter & Hampton LLP

FTC Announces Major Expansion of Telemarketing Sales Rule

On March 7, the FTC announced it had finalized substantial revisions to the Telemarketing Sales Rule (the proposed rule was discussed here). Since promulgated in 1995, the TSR has been amended four times, most recently in...more

Troutman Pepper Locke

FTC Announces Amendments to Telemarketing Sales Rule

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On March 7, the Federal Trade Commission (FTC) announced a final rule updating recordkeeping requirements and extending the protections against misrepresentations of the Telemarketing Sales Rule (TSR) to businesses (Final...more

Cozen O'Connor

The FTC Enhances Telemarketing Sales Rule

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The FTC has announced two significant developments relating to the Telemarketing Sales Rule (“TSR”). First, the FTC has introduced a final rule that extends the TSR’s coverage to include business-to-business telemarketing...more

BakerHostetler

FTC Moves to Modify Telemarketing Sales Rule

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The 1995 Telemarketing Sales Rule (TSR), and particularly its later added Do Not Call provisions, come about as close as one can get to a universally popular government program. So anytime the FTC modifies the TSR, it is big...more

Venable LLP

FTC Piles on Additional Recordkeeping Requirements and Business-to-Business Protections

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The Rule-A-Palooza continues at the FTC. On March 7, 2024, the Federal Trade Commission (FTC) released a Final Rule that updates the recordkeeping requirements under the Telemarketing Sales Rule (TSR). The Final Rule requires...more

Hinch Newman LLP

California Federal Court Holds RVM Platform Provider Not Liable for Violation of Telemarketing Sales Rule

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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

Hinch Newman LLP

FTC Implements New TSR B2B Protections and Proposes Rule on Tech Support Scams

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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

Venable LLP

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

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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

Orrick, Herrington & Sutcliffe LLP

FTC settles with lead generator for deceiving consumers

On January 2, the FTC filed a complaint against a California-based lead generator (the “Company”), alleging that the Company operated as a “consent farm” that deceived consumers into providing their consent to be contacted...more

DarrowEverett LLP

You Better Watch Out, You Better Not Cry: Big Changes Expected to Hit Lead Generation Industry in 2024

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Whether you have been naughty or nice this year, if you are buying or selling leads or otherwise are a participant in the lead generation industry, you may be getting a lump of coal in your stocking. Don’t get upset just yet...more

Cozen O'Connor

AG Task Force Issues Warning to VoIP Providers to Avoid Transmitting Illegal Robocalls

Cozen O'Connor on

The Anti-Robocall Multistate Litigation Task Force, comprised of 50 AGs, issued warning letters to eight Voice over Internet Protocol (VoIP) providers regarding concerns that they may be transmitting illegal robocall traffic...more

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