Lead Generation
Lead Generation Industry to be Turned Upside Down: Proposed FCC Rule Requires Consent Must be Secured From a Single Seller at a Time
By Richard B. Newman |
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
By Richard B. Newman |
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
By Richard B. Newman |
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
By Richard B. Newman |
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.…
FTC Publishes Final Revised Endorsement Guides, Updates a Staff FAQ Publication and Proposes a New Rule Governing Fake Reviews
By Richard B. Newman |
The Federal Trade Commission’s Endorsement Guides were first enacted in 1980 and amended in 2009. The Guides provide guidance to businesses and others to ensure that advertising using endorsements or testimonials is truthful. Advertisers that deceive consumers via endorsements or testimonials may violate the FTC Act. The Guides, among other things, state that advertisers need…
FTC Explores Environmental Claims and Civil Penalty Rulemakings
By Richard B. Newman |
On May 23, 2023, the Federal Trade Commission hosted a national workshop designed to consider the current state of recycling practices and recycling-related advertising. This follows an FTC announcement in December 2022 that the agency was seeking public comment on potential updates and changes to its ‘Green Guides’ for the use of environment marketing claims. …
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