Lead Generation
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…
What Telemarketers and Lead Generators Should Know About the FTC’s New TSR Recordkeeping Rules
By Richard B. Newman |
As blogged about recently, 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. Specifically, the final rule implements updates that prohibit deceptive and abusive practices in all business-to business calls; updates the TSR’s recordkeeping requirements; and proposed an…
FCC Announces Final Rule Making it Simpler to Revoke Consent to Unwanted Robocalls and Robotexts
By Richard B. Newman |
On March 5, 2024, the Federal Communications Commission announced that it has adopted new rules and codified previously adopted protections that make it simpler for consumers to revoke consent to unwanted robocalls and robotexts (specifically, autodialed and/or artificial/ prerecorded voice calls and texts) while requiring that callers and texters honor these requests in a timely…
FTC Enacts New TSR B2B Rules and Proposes Rule on Tech Support Scams
By Richard B. Newman |
On March 7, 2024, the Federal Trade Commission announced a final rule extending telemarketing fraud protections to businesses and updating the rule’s recordkeeping requirements as a result of developments in technology and the marketplace. FTC lawyers also announced a proposed rule that would provide the agency with significant new tools to combat tech support scams. Both…
The FTC, Civil Investigative Demands and Tolling Agreements
By Richard B. Newman |
The FTC Bureau of Consumer Protection welcomes an open dialogue with parties cooperating with its investigations. According to FTC lawyers, such dialogue allows the agency to make more informed decisions on whether to recommend an enforcement action and, if so, whether such an action can be resolved without the need for protracted litigation. However, the…