Telemarketing
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…
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…
FCC Adopts New Rule to Close the Lead Generator Robocall and Robotexts Loophole
By Richard B. Newman |
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
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…