Lead Generation

FCC Announces Final Rule Making it Simpler to Revoke Consent to Unwanted Robocalls and Robotexts

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

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

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…

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…