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On November 3, 2022, Pennsylvania Attorney General (and Governor-Elect) Josh Shapiro announced that his office had filed a lawsuit in the U.S. District Court for the Western District of Pennsylvania against New York-based Fluent, Inc.—a lead generator that connects companies to potential new customers through the consumers’ harvested personal data—and its subsidiaries for their role in allegedly assisting and facilitating the making of hundreds of thousands of unwanted telemarketing calls to Pennsylvania consumers. … Continue Reading

For our clients and others interested in monitoring coronavirus (COVID-19) developments involving debt collection or telemarketing, effective today, March 23, Ballard Spahr has launched a comprehensive, national tracking program.  Each business day, participants in the program will receive an email update of any new laws, orders, executive pronouncements, or other guidance impacting the collections and telemarketing industries sourced from a review of more than 350 federal, state, territorial, and municipal information sources.… Continue Reading

The CFPB, joined by the Minnesota Attorney General’s Office, North Carolina Department of Justice, and the Los Angeles City Attorney, filed a lawsuit in the U.S. District Court for the Central District of California against two companies involved in the marketing and sale of student-loan debt-relief services as well as individual owners and managers of the companies alleging violations of the CFPA, the Telemarketing Sales Rule (TSR), and various state laws.  … Continue Reading

The U.S. Court of Appeals for the D.C. Circuit 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 prior written consent requirement for robocalls in the FTC’s Telemarketing Sales Rule (TSR).… Continue Reading

A California federal district court has refused to dismiss a lawsuit filed by the CFPB in January 2017 against several law firms and attorneys alleging that the defendants violated the FTC’s Telemarketing Sales Rule (TSR) and the Consumer Financial Protection Act (CFPA) by illegally charging upfront fees for debt relief services which were disguised as fees for bankruptcy services. … Continue Reading

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 prior written consent requirement for robocalls in the FTC’s Telemarketing Sales Rule (TSR).

The TSR’s robocall written consent requirement applies to “any outbound telephone call that delivers a prerecorded message.” … Continue Reading

The CFPB announced the filing of a proposed stipulated final judgment and order in its December 2014 lawsuit against Student Loan Processing.US (a fictitious business name of Irvine Web Works, Inc.) and its individual owner.  Filed in a California federal district court, the CFPB’s lawsuit alleged that the defendants violated the Telemarketing Sales Rule (TSR) and the Consumer Financial Protection Act (CFPA) prohibition of unfair, deceptive or abusive acts or practices (UDAAP) by conduct that included falsely representing an affiliation with the U.S.… Continue Reading

A Florida federal district court has entered a preliminary injunction against several companies and an individual who were named as defendants in a complaint filed by the CFPB in August 2015 charging them with violations of the Consumer Financial Protection Act (CFPA) and Telemarketing Sales Rule (TSR).

The complaint alleges that the defendants operated debt relief businesses that charged advance fees in violation of the TSR. … Continue Reading