Telemarketing

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…

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…

Lead Generator Faces Devastating Civil Monetary Penalties for Alleged Telemarketing Sales Rule Violations

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

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…