Advertising and Marketing
Eleventh Circuit Vacates TCPA One-to-One Consent Rule Immediately After FCC Postpones its Effective Date
By Richard B. Newman |
On the eve prior to its effective date, the FCC’s One-to-One Consent Rule which sought to redefine the meaning of “prior express written consent” under the Telephone Consumer Protection Act, was postponed for one year by order of the FCC’s Consumer and Government Affairs Bureau. Just minutes thereafter, the rule was struck down by the…
Lead Generation One-to-One TCPA Consent Rule and Marketing Contract Considerations
By Richard B. Newman |
The FCC’s new rule requiring one-to-one consent becomes effective January 27, 2025. Much has been made about the myriad nuances those in the lead generation ecosystem must attend to in order to comply with the new rule. However, an often overlooked aspect of the new rule involves required and diligent contracting practices associated therewith. In…
FTC Proposes Changes to Business Opportunity Rule to Deter Deceptive Earnings Claims – Republican Commissioners Dissent
By Richard B. Newman |
On January 13, 2025, the Federal Trade Commission announced that it is seeking comment on proposed changes to the Business Opportunity Rule and a proposed new Earnings Claim Rule. According to the FTC, the two, taken together, “would strengthen the agency’s tools to curb deceptive earnings claims in industries where they are pervasive: multi-level marketing…
FCC Issues FAQs for Lead Generation One-to-One TCPA Consent Rule
By Richard B. Newman |
On December 23, 2024, the Federal Communications Commission issued FAQs: One-to-One Consent Rule for TCPA Prior Express Written Consent. What is the FCC’s New One-to-One Consent Rule In December 2023, the FCC adopted new rules in the Second Report and Order to combat unwanted and illegal telemarketing calls and texts, including a rule that closed…
FTC Scrutinizing Healthcare Lead Generators and Marketers as Open Enrollment Begins
By Richard B. Newman |
The Federal Trade Commission is closely scrutinizing the healthcare lead generation and marketing industry. On December 10, 2024, the Federal Trade Commission announced that it has sent warning letters to 21 companies that market or generate leads for healthcare plans. The letters were sent as open enrollment season for healthcare plans is ongoing. They provide guidance and…
FTC Announces Final “Click-to-Cancel” Recurring Subscriptions and Memberships Rule
By Richard B. Newman |
On October 16, 2024, the Federal Trade Commission announced sweeping changes to the Negative Option Rule. The final “click-to-cancel” rule will require sellers to make it as easy for consumers to cancel their enrollment as it was to sign-up. Most of the final rule’s provisions will go into effect 180 days after it is published in…