Telemarketing
TCPA Rules on Revoking Consent for Unwanted Robocalls and Robotexts Effective April 2025
By Richard B. Newman |
On October 11, 2024, the Federal Communications Commission announced that the effective date for Telephone Consumer Protection Act (TCPA) rules on revoking consent for unwanted robocalls and robotexts is set for April 11, 2025. On February 15, 2024, the FCC adopted the TCPA Consent Order in the above-captioned proceeding. In that rulemaking, the FCC adopted…
Three Things Lead Generators Must Know About the New FCC Single Seller Rule
By Richard B. Newman |
As previously blogged about here, the Federal Communications Commission recently published the final, single-seller lead generator consent rule (the “Rule”). The Rule amends the definition of “prior express written consent” for purposes of the Telephone Consumer Protection Act and will dramatically impact the lead generation industry. How Does the FCC’s One-to-One, Single Seller Rule Impact…
Update for Lead Generators Concerning FTC’s New TSR Recordkeeping Rules
By Richard B. Newman |
As previously blogged about here, 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. FTC Amendments to the Telemarketing Sales Rule The new recordkeeping requirements (have a limited exemption) are by-and-large required in order to assert a DNC safe…
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…
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…