The Federal Trade Commission issued two notices this week concerning the Telemarketing Sales Rule (TSR)—an advance notice of proposed rulemaking (ANPR) and a notice of proposed rulemaking (NPR). Both notices address the TSR’s exemption of business-to-business (B2B) telemarketing calls. The FTC issued the new notices following its review of comments received in response to the regulatory review of the TSR it initiated in 2014. … Continue Reading
On May 17, 2021, the Consumer Financial Protection Bureau (“CFPB”) announced that it entered into a proposed settlement of its lawsuit filed in a Massachusetts federal district court against debt settlement company DMB Financial, LLC (“DMB”), alleging that the company engaged in deceptive acts or practices in violation of the Telemarketing Sales Rule (“TSR”) and the Consumer Financial Protection Act (“CFPA”). … Continue Reading
In its second case against a Voice over Internet Protocol (VoIP) service provider, the FTC announced that it has reached a proposed settlement with Alcazar Networks Inc. and its owner Gavin Grabias concerning the FTC’s charges that they facilitated tens of millions of illegal telemarketing phone calls. The proposed settlement bars Alcazar and Grabias from engaging in similar misconduct in the future, requires them to screen and monitor their customers, and imposes a monetary penalty of $105,562.… Continue Reading
On November 20, 2020, the CFPB filed a lawsuit against a student-loan debt-relief company, FDATR, Inc., and its owners, Dean Tucci and Kenneth Wayne Halverson. FDATR was an Illinois company that involuntarily dissolved in September 2020. Through telemarketing and telephone sales, FDATR promised to provide student-loan debt-relief and credit-repair services to consumers.… Continue Reading
The CFPB recently filed suit in the Central District of California against Texas-based GST Factoring Inc. and two of its owners, along with Champion Marketing Solutions, LLC (“CMS”), its owner, and four separate attorneys.
In its complaint, the CFPB alleged that defendants violated the Telemarketing Sales Rule (TSR) prohibition on receiving advance fees for debt-relief services sold via telemarketing.… Continue Reading
The CFPB announced that it has entered into a proposed settlement with a company and its three owner/officers for allegedly charging unlawful advance fees in violation of the Telemarketing Sales Rule (TSR) and the Consumer Financial Protection Act (CFPA) in connection with their student loan debt relief business.
The complaint alleges that the company, Timemark Solutions, violated the TSR and CFPA by charging and collecting advance fees before consumers had received any adjustment of their student loans or made any payments toward such adjusted loans.… Continue Reading
The FTC has filed a lawsuit in a California federal district court against three interrelated student loan debt relief companies and the individual who is their majority owner for alleged violations of Section 5 of the FTC Act and the Telemarketing Sales Rule (TSR). The TSR implements the Telemarketing and Consumer Fraud and Abuse Act. … Continue Reading
The CFPB recently submitted a proposed stipulated final order that would shut down a credit repair service and permanently enjoin it from “[a]dvertising, marketing, promoting, providing, offering for sale, selling, assisting in the sale of, or administering Credit Repair Services.” The proposed order would also enjoin the credit repair service from “[r]eceiving any remuneration or other consideration from, holding any ownership interest in, providing services to, or working in any capacity for any person engaged in or assisting in advertising, marketing, promoting, offering for sale, or selling Credit Repair Services.”… Continue Reading
In a recent case, the Central District of California held that the CFPB’s claims against a credit repair service under the Telemarketing Sales Rule (“TSR”) must meet Federal Rule of Civil Procedure 9(b)’s heightened pleading requirement. CFPB v. Prime Marketing Holdings, LLC, CV 16-07111-BRO, Dkt. No. 32 (C.D. Cal. Nov.… Continue Reading