Lead Generation
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…
TCPA Rules on Revoking Consent for Unwanted Robocalls and Robotexts Effective April 2025
By Richard B. Newman |
On October 11, 2024, the Federal Communications Commission announced that the effective date for Telephone Consumer Protection Act (TCPA) rules on revoking consent for unwanted robocalls and robotexts is set for April 11, 2025. On February 15, 2024, the FCC adopted the TCPA Consent Order in the above-captioned proceeding. In that rulemaking, the FCC adopted…
Three Things Lead Generators Must Know About the New FCC Single Seller Rule
By Richard B. Newman |
As previously blogged about here, the Federal Communications Commission recently published the final, single-seller lead generator consent rule (the “Rule”). The Rule amends the definition of “prior express written consent” for purposes of the Telephone Consumer Protection Act and will dramatically impact the lead generation industry. How Does the FCC’s One-to-One, Single Seller Rule Impact…
Update for Lead Generators Concerning FTC’s New TSR Recordkeeping Rules
By Richard B. Newman |
As previously blogged about here, on March 7, 2024, the Federal Trade Commission announced a final rule extending telemarketing fraud protections to businesses and updating the Telemarketing Sales Rule’s recordkeeping requirements. FTC Amendments to the Telemarketing Sales Rule The new recordkeeping requirements (have a limited exemption) are by-and-large required in order to assert a DNC safe…
Lead Generators Take Note: Court Rules Lead Buyer Vicariously Liable for Actions of Independent Contractors and Sub-Agents
By Richard B. Newman |
Insurance lead generation industry take note because an Illinois federal court recently held that Allstate violated the Telephone Consumer Protection Act as a result of the actions of its third party, independent contractors and their sub-agents with whom Allstate had no contractual relationship. Case Background Plaintiff Robert Hossfield – a known TCPA plaintiff that…
FTC Impersonation Rule Now in Effect
By Richard B. Newman |
The rule gives the FTC stronger tools to combat those that impersonate government agencies and businesses, enabling the FTC to file federal court cases seeking civil penalties The Federal Trade Commission’s new rule on government and business impersonation is now in effect. This new rule is particularly important given the Supreme Court’s April 2021 ruling in…