Lead Generation

Hinch Newman Recognized on Prestigious List of 2023 Most Popular Reads

On December 28, 2023, JD Supra, a leading source of legal intelligence, announced its “Spotlight on: The FCC – 2023 Popular Reads.”  The Spotlight includes a recap of some of the most widely read FCC-related updates, analysis and commentary published on JD Supra throughout 2023. The January 2023 article authored by Richard B. Newman entitled…

FCC Adopts New Rule to Close the Lead Generator Robocall and Robotexts Loophole

On December 13, 2023, the Federal Communications Commission adopted new rules designed to protect consumers from “scam communications” by directly addressing some of the “biggest vulnerabilities” in America’s robotext defenses and closing the “lead generator” robocall/robotexts loophole. The new rules allow blocking of “red flagged” robotexting numbers, codifies Do-Not-Call rules for texting, and encourages an…

Lead Generation Industry to be Turned Upside Down: Proposed FCC Rule Requires Consent Must be Secured Must be Secured From a Single Seller at a Time

One of the key issues relating to the NPRM pertains to consent being sent directly to/obtained by one seller at a time. The FCC has now circulated its proposed rule.  It has not been adopted yet but it looks like it will be in December when voted upon.  It looks like the rule will become effective…

Lead Generator Faces Devastating Civil Monetary Penalties for Alleged Telemarketing Sales Rule Violations

On September 1, 2023, an Illinois federal court ruled in the matter of Federal Trade Commission v. Day Pacer LLC, et al. (N.D. Ill. Sept. 1, 2023) that Day Pacer (f/k/a EduTrek) and company executives violated the Telemarketing Sales Rule (TSR) by allegedly making millions of calls to telephone numbers on the National Do Not…

Telemarketer Fees to Access the FTC’s National Do Not Call Registry to Increase in 2024

The fees for telemarketers accessing phone numbers on the National Do Not Call (DNC) Registry will increase in FY 2024, which starts on October 1, 2023. All telemarketers calling consumers in the United States are required to download the numbers on the National DNC Registry to ensure they do not call consumers who have registered…

FTC and State Law Enforcers Announce Lead Generation Telemarketing Enforcement Sweep

On July 18, 2023, the Federal Trade Commission and more than 100 federal and state law enforcement partners nationwide, including the attorneys general from all 50 states and the District of Columbia, announced a new crackdown on illegal telemarketing calls involving more than 180 actions targeting operations responsible for billions of calls to U.S. consumers.…