Lead Generation

Lead generators and those within the telemarketing ecosystem should know and appreciate the legal regulatory requirements, restrictions and risks prior to engaging such high-risk campaigns.  Violations of regulations, statutes and best practice guidelines can result in statutory penalties, as well as both personal and corporate. Below is a brief summary of recent legal developments may…

Attention Lead Generators  The Ninth Circuit Court of Appeals recently held that use of certain technologies on a websites in order to track and record web session data before obtaining affirmative consent may be a violation of  California’s wiretap statute. In the case of Javier v. Assurance IQ, LLC and ActiveProspect Inc. (*not precedent except as…

On February 10, 2022 the Federal Trade Commission announced that it intends to vote whether to issue an Advance Notice of Proposed Rulemaking on “deceptive earnings claims for business ventures, gig or other work opportunities, or educational, coaching or training offerings.”  The vote is set to take place on February 17, 2022 at an open…

On June 7, 2021, the Federal Trade Commission (FTC) announced a proposed settlement with MoviePass.  Interestingly, FTC staff attorneys used the used the proposed settlement to announce a completely new and original way of obtaining monetary relief.  The case raises legitimate concerns for digital marketers that offer negative option programs because it indicates that the FTC now…

The Federal Trade Commission requires advertisers to possess a “reasonable basis” for express and implied claims. The failure to do so constitutes an unfair and deceptive act or practice in violation of Section 5 of the FTC Act. Substantiation is a key FTC enforcement priority. Advertisers should be intimately familiar with FTC substantiation investigation and…

The Consumer Financial Protection Bureau recently announced its intention to rescind its 2020 “abusive acts and practices” policy statement.  The CFPB’s authority to prevent such practices stems from the Dodd-Frank Act, which also created the CFPB. In 2020, the CFPB set forth narrow principles that should be considered when applying its “abusive” authority.  The first,…