Telemarketing

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The 11th Circuit Court of Appeals has struck down the FCC rule that would have prohibited telemarketing or advertising robocalls to consumers unless they consent to calls from only one entity at a time, and that they consent only to calls whose subject matter is associated with the interaction that prompted the consent.… Continue Reading

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 anyone in making robocalls or calls to phone numbers on the FTC’s Do Not Call (DNC) Registry. The proposed order helps settle pending FTC charges that Response Tree and its president operated more than fifty (50) websites designed to trick consumers into providing personal information for supposed mortgage refinancing and other services.… Continue Reading

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

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 June 29, Florida Governor DeSantis signed into law CS/SB 1120 which amends Florida law to impose new limits on the use of “automatic dialers.”  The law is effective today, July 1.

The new law prohibits the use of an “automated system” to make “telephonic sales call” without the prior express written consent of the “called party.” … 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

A recent settlement between the U.S. Department of Justice and a media conglomerate underscores the importance of implementing robust Telephone Consumer Protection Act compliance measures, including for third-party vendors.  In 2017, a jury found DISH Network LLC liable for its vendors’ violations of the Telemarketing Sales Rule and the Telephone Consumer Protection Act, as well as several state statutes. … 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

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