The Fourth Circuit court found that the 2015 amendment to the TCPA, exempting automated calls that relate to the collection of debts owed to or guaranteed by the federal government, violates the First Amendment. The Court was “unpersuaded by the Government’s compelling interest argument. Again, the debt-collection exemption does not further the purpose of the automated call ban in a narrowly tailored fashion. Congress implemented the ban in order to protect privacy interests. See S. Rep. No. 102-178, at 1, 5 (1991) (explaining that purpose of TCPA is to protect “privacy interests”); see also Mims v. Arrow Fin. Servs., LLC, 565 U.S. 368, 372 (2012) (discussing congressional findings supporting TCPA prohibitions). The debt-collection exemption, however, undercuts those privacy protections. In fact, the exemption applies in a manner that runs counter to the privacy interests that Congress sought to safeguard.” For more information, you may read the courts opinion here. Learn more about telemarketing compliance, telemarketing rules, telemarketing regulations, telemarketing license requirements, and cell phone do not call laws.
Unified Data Services, LLC Challenges the FTC Opinion Letter Regarding Soundboard Technology.
Unified Data Services, LLC filed suit against the FTC on April 24, 2019, See Unified Data Services, LLC et. al. v. United States Federal Trade Commission, No. 2:19-CV-00698 (D. Nev. 2019). According to the Plaintiffs, “on November 16, 2016, the FTC Bureau of Consumer Protection. Division of Marketing Practices, issued a letter that, in practical effect, binds for the first time an entire sector of the telemarketing sales industry, including Plaintiffs, under the so-called “robocall” provision of the TSR.” UDS argues that “the 2016 Division Letter is invalid and unenforceable.” Further asserting that the FTC letter violates the First Amendment and the Notice-and-Comment Requirements of the Administrative Procedure Act (APA). Allen, Mitchell & Allen will follow the case closely as this case may determine the future of soundboard technology as well as the validity of the FTC opinion letters. The filed Complaint may be obtained here.
Learn more about avatar telemarketing compliance here. Contact a telemarketing lawyer, telemarketing attorney, or TCPA expert if you need help understanding any topics discussed in this post. Robocall laws, autodialer laws, and do-not-call regulations are other topics that you should be sure to understand.
FTC Alleges the operators of ClixSense and i-Dressup.com failed to secure consumers personal information.
The operators of online rewards website ClixSense have settled with the FTC regarding allegations that the website had insufficient security, while claiming it “utilizes the latest security and encryption techniques to ensure the security of your account information.”. ClixSense collects personal information from users, including consumers’ names, dates of birth, answers to security questions, login and password credentials, and Social Security numbers. The FTC alleges that because the business, “failed to implement minimal data security measures” the personal information of 6.6 million consumers, including some 500,000 U.S. consumers were accessed by hackers.
Tuesday, April 30, 2019
Monday, April 22, 2019
The FTC Refunds Consumers Who Purchased Work-At-Home Opportunities From Bob Robinson, LLC
The Federal Trade Commission just issued refund checks to more than 87,000 customers. The FTC stated that the refunds stem from an FTC settlement in which the defendants used online “native” advertising—promotional content that resembles the non-advertising material beside it—to reach consumers who were researching work-at-home opportunities on the internet. The defendants routinely claimed people could earn, “hundreds of dollars per hour from home, without any special skills or experience.” The FTC alleged the defendants failed to make certain required disclosures to help consumers evaluate the business opportunity and made false and unsubstantiated earnings claims. For more information, read the FTC Press Release here. Review your scripts and products with your legal counsel to ensure you are not selling (or are properly selling) a regulated business opportunity.
Learn about telemarketing licenses and telemarketing bond requirements.
Learn more about TCPA compliance, telemarketing laws, robocall laws, autodialer laws, cell phone do-not-call laws, and do-not-call compliance. All of these things can help you avoid telemarketing lawsuits.
Marketer of Water Filtration Systems to Pay $110,000 Civil Penalty
According to the FTC, a Georgia-based distributor of water filtration systems has agreed to pay a $110,000 civil penalty to settle charges that it violated a 2017 Federal Trade Commission administrative order by making false claims that wholly imported Chinese water filtration systems were made in the United States. As part of the settlement, the defendants have admitted that in March 2018, iSpring Water Systems, LLC, along with company owner and officer Zhuangyong Chen and company vice president Pearl Cai, began making false claims that the water filtration systems it sells are “designed and crafted in USA,” among other claims. For more, see the FTC Press Release here.
Contact a telemarketing lawyer, TCPA attorney, or telemarketing law firm if you need help understanding anything in this post.
Learn about telemarketing licenses and telemarketing bond requirements.
Universal Pictures, Legendary Pictures and Handstack settle TCPA Class Action
The Defendants have admitted no fault, but have agreed to settle TCPA-based auto texting and DNC lawsuit for $19.2 million dollars. The case also involved curfew (calling time) allegations. Although not final, the proposed settlement provides that, “the maximum settlement award for members of the ATDS class will be $35.00, while the maximum settlement award for members of the Internal-Do-Not-Call, National Do-Not-Call, and Out of Time Classes will be $50.00.” For more information, read the settlement proposal here. Ensure you have well-documented consent before auto texting or calling numbers on the DNC list.Learn more about TCPA compliance, telemarketing laws, robocall laws, autodialer laws, cell phone do-not-call laws, and do-not-call compliance. All of these things can help you avoid telemarketing lawsuits.
Marketer of Water Filtration Systems to Pay $110,000 Civil Penalty
According to the FTC, a Georgia-based distributor of water filtration systems has agreed to pay a $110,000 civil penalty to settle charges that it violated a 2017 Federal Trade Commission administrative order by making false claims that wholly imported Chinese water filtration systems were made in the United States. As part of the settlement, the defendants have admitted that in March 2018, iSpring Water Systems, LLC, along with company owner and officer Zhuangyong Chen and company vice president Pearl Cai, began making false claims that the water filtration systems it sells are “designed and crafted in USA,” among other claims. For more, see the FTC Press Release here.
Contact a telemarketing lawyer, TCPA attorney, or telemarketing law firm if you need help understanding anything in this post.
Monday, April 15, 2019
Second Court Holds that Ringless Voicemail Messages are Subject to TCPA
In 2018, a Michigan Judge ruled that ringless voicemail messages were just like any other prerecorded voice message under the TCPA. Last week, a second Judge in the Southern District of Florida made a similar ruling, which can be read here. As stated in the Judge's order, "A construction of the TCPA in which a 'ringless' voicemail is a 'call' is consistent with Congress’s purpose in enacting the TCPA." Users of ringless voicemail messages should understand that rulings like this increase the risk of facing fines and lawsuits going forward. The safest route is to use them just like any other prerecorded message and only send them when you have the proper consent to do so. Learn more about telemarketing compliance, telemarketing regulations, telemarketing rules, robocall laws, autodialer laws, telemarketing license requirements, and do-not-call regulations.
In Bauman v. Saxe, the plaintiff filed a lawsuit against theater company Saxe and cloud based communications company Twilio. Allegedly, Saxe and Twilio worked together to coordinate the timing and content of a text message campaign promoting Saxe. Twilio filed a motion to dismiss, arguing that they were merely transmitters of the messages and therefore faced no liability as they were in no way marketing their own services. The Judge in the case denied Twilio's motion to dismiss, holding that, "Twilio’s alleged involvement was to an extent that Twilio could be considered to have initiated the contact, considering the TCPA’s goal of limiting the nuisance and invasion of privacy caused by automated calls and text messages. Plaintiffs also allege that Twilio not only knowingly allowed DSP to use their platform for automated text messages but actively helped DSP bypass spam filters. Because the FCC has determined that transmitters can be liable under the TCPA under certain circumstances, and because Plaintiffs allege circumstances under which liability is plausible, Plaintiffs state a claim against Twilio under the TCPA." Read the Judge's order in this case here.
Popular weight-loss brand Jenny Craig has agreed to pay out $3 million to settle a TCPA class action settlement. According to the complaint, which can be read here, Jenny Craig sent unsolicited marketing text messages to consumers using an ATDS. One of the sample text messages sent by Jenny Craig in the complaint said, "Hi Zoey, It's Liz @ Jenny Craig again. Don't want you to miss our best offer ever! Free 1 yr prog. + $17 off wkly menu for 12 wks. Interested?" You'll notice that the text messages failed to include opt-out language as well. If you are using text messages to market your products or services, ensure that you (1) only text phone numbers for which you have the proper consent, and (2) always include opt-out instructions in the messages. Consumers are more likely to complain or file lawsuits if there is no way to conveniently opt-out of your messages. Contact a TCPA defense attorney if you need help understanding cell phone do-not-call laws or telemarketing compliance. Also consider working with a telemarketing lawyer or TCPA lawyer.
Office Depot and a partnering tech support company will pay $35 million dollars to settle FTC allegations that the companies, "tricked customers into buying millions of dollars’ worth of computer repair and technical services by deceptively claiming their software had found malware symptoms on the customers’ computers." Office Depot will pay $25 million, and the tech support company will pay $10 million. Even if you know your company isn't generating very many consumer complaints at this time, you should always keep an eye out for any complaint that escalates to the point where it may reach the ears of state or federal regulators. Read the FTC's press release about this settlement here.
Court Finds that Text Broadcaster May Be Liable Under TCPA
In Bauman v. Saxe, the plaintiff filed a lawsuit against theater company Saxe and cloud based communications company Twilio. Allegedly, Saxe and Twilio worked together to coordinate the timing and content of a text message campaign promoting Saxe. Twilio filed a motion to dismiss, arguing that they were merely transmitters of the messages and therefore faced no liability as they were in no way marketing their own services. The Judge in the case denied Twilio's motion to dismiss, holding that, "Twilio’s alleged involvement was to an extent that Twilio could be considered to have initiated the contact, considering the TCPA’s goal of limiting the nuisance and invasion of privacy caused by automated calls and text messages. Plaintiffs also allege that Twilio not only knowingly allowed DSP to use their platform for automated text messages but actively helped DSP bypass spam filters. Because the FCC has determined that transmitters can be liable under the TCPA under certain circumstances, and because Plaintiffs allege circumstances under which liability is plausible, Plaintiffs state a claim against Twilio under the TCPA." Read the Judge's order in this case here.
Jenny Craig Agrees to $3 Million TCPA Settlement
Popular weight-loss brand Jenny Craig has agreed to pay out $3 million to settle a TCPA class action settlement. According to the complaint, which can be read here, Jenny Craig sent unsolicited marketing text messages to consumers using an ATDS. One of the sample text messages sent by Jenny Craig in the complaint said, "Hi Zoey, It's Liz @ Jenny Craig again. Don't want you to miss our best offer ever! Free 1 yr prog. + $17 off wkly menu for 12 wks. Interested?" You'll notice that the text messages failed to include opt-out language as well. If you are using text messages to market your products or services, ensure that you (1) only text phone numbers for which you have the proper consent, and (2) always include opt-out instructions in the messages. Consumers are more likely to complain or file lawsuits if there is no way to conveniently opt-out of your messages. Contact a TCPA defense attorney if you need help understanding cell phone do-not-call laws or telemarketing compliance. Also consider working with a telemarketing lawyer or TCPA lawyer.
Office Depot and Tech Support Firm Will Pay $35 Million to Settle FTC Allegations
Office Depot and a partnering tech support company will pay $35 million dollars to settle FTC allegations that the companies, "tricked customers into buying millions of dollars’ worth of computer repair and technical services by deceptively claiming their software had found malware symptoms on the customers’ computers." Office Depot will pay $25 million, and the tech support company will pay $10 million. Even if you know your company isn't generating very many consumer complaints at this time, you should always keep an eye out for any complaint that escalates to the point where it may reach the ears of state or federal regulators. Read the FTC's press release about this settlement here.
Sunday, April 14, 2019
Texas Introduces Data Privacy Legislation
Texas is the latest state to introduce very strict data privacy legislation. This comes just weeks after the State of Washington passed what is likely the strictest state data privacy law to date. Two bills have been introduced in the Texas House of Representatives. The first bill, the Texas Consumer Privacy Act, would give consumers the right to request that companies delete their personal information, opt out of the sale of their information, and request access to see what data exactly a business has. Read the full text here. The second bill, the Texas Privacy Protection Act, focuses primarily on electronic data. Businesses would be required to develop data security programs and delete electronic data of a consumer within 30 days of account closure. Read the full text here. With three states now having introduced or enacted strict data privacy laws (CA, WA, & TX), businesses should anticipate that more states will follow suit.
Telemarketing companies, in addition to understanding privacy laws, should be sure to understand telemarketing compliance regulations, robocall laws, autodialer laws, telemarketing license requirements, telemarketing rules, and telemarketing bond requirements.
The FTC and FDA have send a joint letter to several companies warning them against advertising and selling products containing cannabidiol (CBD) and claiming that they can treat Alzheimer’s, cancer, and other diseases. According to the FTC's press release, "The joint FTC and FDA letters warn the companies about the potential legal consequences of making unsupported health and efficacy claims in advertising, and strongly urge them to review all product claims they are making to ensure they are supported by competent and reliable scientific evidence. The letters instruct the companies to notify the FTC within 15 days of receipt of the letter of the specific action taken to address the agency’s concerns." If your company markets CBD oil or any similar products, be sure you don't make any claims that could lead to FTC warnings such as this.
Do you need help understanding any of this information? Contact a telemarketing compliance lawyer or TCPA attorney. Telemarketing law firms can help significantly in your quest for full telemarketing compliance.
Telemarketing companies, in addition to understanding privacy laws, should be sure to understand telemarketing compliance regulations, robocall laws, autodialer laws, telemarketing license requirements, telemarketing rules, and telemarketing bond requirements.
FTC and FDA Send Warning Letter to CBD Companies
The FTC and FDA have send a joint letter to several companies warning them against advertising and selling products containing cannabidiol (CBD) and claiming that they can treat Alzheimer’s, cancer, and other diseases. According to the FTC's press release, "The joint FTC and FDA letters warn the companies about the potential legal consequences of making unsupported health and efficacy claims in advertising, and strongly urge them to review all product claims they are making to ensure they are supported by competent and reliable scientific evidence. The letters instruct the companies to notify the FTC within 15 days of receipt of the letter of the specific action taken to address the agency’s concerns." If your company markets CBD oil or any similar products, be sure you don't make any claims that could lead to FTC warnings such as this.
FTC Cracks Down on Operations Accused of Generating Billions of Robocalls
Recently the FTC settled with four different businesses accused of making billions of unwanted robocalls to consumers in the United States. The robocalls promoted auto warranties, debt relief services, home security systems, charities, and SEO services. According to the FTC's press release, "The settlements are part of the agency’s ongoing efforts to combat the scourge of illegal robocalls. Under the court orders announced today, the defendants are banned from robocalling and most telemarketing activities, including those using an automatic dialer, and will pay significant financial judgments. The defendant in one of these cases provided the software platform that resulted in more than one billion illegal robocalls." Using prerecorded messages to market your products can be a very efficient strategy, but be sure that you do it in a compliant way that will reduce consumer complaints. Click here to read more about each of the four settlements.Do you need help understanding any of this information? Contact a telemarketing compliance lawyer or TCPA attorney. Telemarketing law firms can help significantly in your quest for full telemarketing compliance.
Saturday, March 30, 2019
AI Robocalls Increasing in China
It is always interesting to look at news from other countries that provides insight into telemarketing technologies and trends around the globe. A recent article highlights the increase in the usage of artificial intelligence to make telemarketing calls in China. One company that produces "bots" to make these calls expresses high levels of confidence that their technology can out-perform human phone agents. "The company’s official website also characterizes [humans] as irrational, emotionally unstable, and prone to making mistakes that could cause sales companies to lose customers. A bot, on the other hand, doesn’t need training, never complains about the work, and carries out its job efficiently and dispassionately."
While many Chinese lawyers are arguing that this technology violates the country's privacy laws, that hasn't stopped the technology from increasing drastically over the last few years. If this technology ever starts to be used frequently to make calls into the United States, it would be interesting to see how regulators would react. Regulators have traditionally frowned upon technologies that are designed to increase calling efficiency and effectiveness, such as Avatar and more recently Ringless Voicemail Drops. Until there is a real change in the law regarding the definition of pre-recorded messages, you will want to be very careful using any such Artificial Intelligence for marketing or other purposes without first having express written consent. Contact us if you are interested in using similar technology. Learn more about robocall laws, telemarketing compliance, autodialer laws, avatar telemarketing laws, and cell phone do not call laws.
Senator Jerry Moran (R-Kan.) has introduced the FCC Reporting Modernization Act to Congress. This Bill has implications regarding the TCPA because it would, "Update current [FCC] reporting requirements to include all Telephone Consumer Protection Act complaints and enforcement actions regarding robocalls and spoofed phone calls. These updated reports to Congress would provide a clearer analysis of the robocall and spoofing problem and identify patterns of these harmful practices impacting consumers." While this bill wouldn't directly impose any new rules on businesses, it would require increased communication between the FCC and Congress, which could lead to changes in the TCPA in the long run. Read more here. Contact a telemarketing lawyer or TCPA attorney if you need to ensure you are in full telemarketing compliance by performing a telemarketing compliance audit.
While many Chinese lawyers are arguing that this technology violates the country's privacy laws, that hasn't stopped the technology from increasing drastically over the last few years. If this technology ever starts to be used frequently to make calls into the United States, it would be interesting to see how regulators would react. Regulators have traditionally frowned upon technologies that are designed to increase calling efficiency and effectiveness, such as Avatar and more recently Ringless Voicemail Drops. Until there is a real change in the law regarding the definition of pre-recorded messages, you will want to be very careful using any such Artificial Intelligence for marketing or other purposes without first having express written consent. Contact us if you are interested in using similar technology. Learn more about robocall laws, telemarketing compliance, autodialer laws, avatar telemarketing laws, and cell phone do not call laws.
FCC Reporting Modernization Act
Senator Jerry Moran (R-Kan.) has introduced the FCC Reporting Modernization Act to Congress. This Bill has implications regarding the TCPA because it would, "Update current [FCC] reporting requirements to include all Telephone Consumer Protection Act complaints and enforcement actions regarding robocalls and spoofed phone calls. These updated reports to Congress would provide a clearer analysis of the robocall and spoofing problem and identify patterns of these harmful practices impacting consumers." While this bill wouldn't directly impose any new rules on businesses, it would require increased communication between the FCC and Congress, which could lead to changes in the TCPA in the long run. Read more here. Contact a telemarketing lawyer or TCPA attorney if you need to ensure you are in full telemarketing compliance by performing a telemarketing compliance audit. FCC Seeks Comments on Definition of "Sender" as it Relates to Faxes
The FCC is seeking comments on a petition that was recently filed with the agency regarding the definition of the "Sender" of a fax. Specifically, the request for comments states, "With this Public Notice, we seek comment on a petition for expedited clarification or declaratory ruling filed by Akin Gump Strauss & Feld LLP (Akin Gump). Akin Gump asks the Federal Communications Commission to clarify the definition of 'sender' under the facsimile advertising provisions of the Telephone Consumer Protection Act of 1991 (TCPA). Specifically, Akin Gump requests that the Commission clarify that 'a fax broadcaster is the sole liable ‘sender,’ when it both commits TCPA violations and engages in deception or fraud against the advertiser (or blatantly violates its contract with the advertiser) such that the advertiser cannot control the fax campaign or prevent TCPA violations.'" Comments are due April 8th. You may want to consider commenting on this petition if your business uses faxes as an advertising tool.FCC Rule Requiring Opt-Out Messages on Solicited Faxes Officially Ends
In a win for the industry, the FCC has eliminated a rule requiring opt-out messages on solicited fax messages. Now, if a business wants to send a marketing fax to someone who has consented to receive it, no opt-out language is necessary on the message. This change was announced several weeks ago but just became effective this week. Read more here. Learn more about telemarketing rules and telemarketing regulations, such as telemarketing license requirements and telemarketing bond requirements.Sunday, March 24, 2019
Late Night Host John Oliver Criticizes Lack of Action on Robocalls
In a recent late night television segment, popular host John Oliver criticized the FCC for failing to prevent illegal robocalls. While there is some humor in the segment, Oliver's arguments about robocalls really missed the mark. Oliver claims that the leading robocallers in the U.S. are large, nationwide businesses like Wells Fargo. While companies like this do use prerecorded voice messages, many of those calls are made to legitimately communicate with their customers. Oliver fails to grasp the real issue at hand, which is that illegal robocalls made without consent are what really generate the complaints. Those who are in touch with the industry understand the dilemma that the FCC is facing. How can the agency reduce illegal robocalls while still allowing legitimate businesses to communicate with their customers? Oliver's tone indicates that he thinks all prerecorded voice messages in every context should be banned, which would obviously be a lose-lose for both businesses and the consumers who rely on those types of efficient communication. It's unfortunate to see someone with such a large following fail to do the proper research before publicly speaking out on the issue. Click here to watch the full segment. This segment could have been much more informative if Oliver had done his research regarding robocall laws, telemarketing compliance, autodialer laws, telemarketing license requirements, and do not call laws.
If you are unsure about your business's telemarketing compliance practices, be sure to consult with a telemarketing lawyer, telemarketing law firm, or telemarketing attorney.
Washington State Senate Passes Privacy Regulation Mirroring GDPR
The Washington State Senate has passed a new, strict data protection bill. The bill passed by a vote of 46-1, and now the bill will move to the State's House of Representatives for their consideration. The text of this bill is very similar to the European Union’s GDPR that took effect last year. Under this bill, Washington residents would have the right to contact any company that has their personal data on record and access the data in electronic format, have the data deleted or corrected, and opt-out of having any future personal data stored by that company. This will most likely become one of the strictest data privacy regulations in the United States. Other states will likely pass similar bills in the near future, so be sure that your data privacy practices are safe and compliant. Read the full text of the bill here.Facebook Challenges Constitutionality of TCPA
In Duguid v. Facebook Inc., social media giant Facebook is currently involved in a TCPA lawsuit over allegations that the company sent unsolicited "Happy Birthday" text messages to users. The plaintiffs in the case are arguing that those text messages were marketing in nature and that Facebook did not have consent to send them, therefore violating the TCPA. As part of its defense, Facebook is hoping that the U.S. Court of Appeals for the Ninth Circuit will find that the TCPA is unconstitutional, as it violates the first amendment in restricting calls on the basis of content. Read more about this story here. While a ruling like this would be great for the industry, it is unlikely that the court would rule that the TCPA violates the first amendment. This argument has been made many times in courts all over the country without any success.If you are unsure about your business's telemarketing compliance practices, be sure to consult with a telemarketing lawyer, telemarketing law firm, or telemarketing attorney.
Tuesday, March 12, 2019
NHL Team Facing TCPA Lawsuit
The NHL's Tampa Bay Lightning are facing a TCPA lawsuit over alleged texting violations. According to the complaint, the team used, "['bait and switch'] tactics to convince fans to sign up to enter into prize sweepstakes or otherwise to receive purely informational texts. Once Defendant obtains access to its fans’ cellular telephone numbers, however, Defendant enrolled the consumer into its text message marketing campaign which floods the recipient with nearly daily advertising and telemarketing text messages." Read a copy of the complaint here. If your business sends marketing text messages to consumers, ensure that you have the right levels of consent in order to mitigate the risk of facing litigation like this. Learn how to defend a TCPA lawsuit. However, mitigate your risk of telemarketing lawsuit defense or telemarketing fines by following all telemarketing rules. Make sure you have the proper telemarketing licenses and telemarketing bonds. Contact a telemarketing law firm to determine which telemarketing regulations you need to follow.
Learn more about robocall laws and autodialer laws. Make sure you understand dnc compliance and cell phone telemarketing laws as well.
A business that allegedly targeted senior citizens in a sweepstakes scam has agreed to pay the FTC a $30 million settlement. They have also been banned from participating in any future prize-promotion business. According the the FTC, the defendants, "tricked millions of people—many of them older adults—into paying money to collect prizes that never materialized." Read the FTC's press release here. Be especially cautious when marketing to senior citizens. You should strongly consider having unique policies in place to reduce complaints from seniors, as regulators will generally take them more seriously than others.
All 50 Attorneys General Announce Support of TRACED Act
A letter was sent to the U.S. Senate Committee on Commerce, Science, & Transportation by all 50 state attorneys general announcing their support of the TRACED Act. Read the full letter here. As a reminder, the TRACED Act would do the following:- Require that telephone service providers implement "an appropriate and effective call authentication framework in the internet protocol networks of voice service providers."
- Require the FCC to initiate a rule-making initiative to help protect a subscriber from receiving "unwanted calls or texts messages from a caller using an unauthenticated number."
- Creates an inter-agency working group to study government prosecution of telemarketing violations. The group would include representatives from the Department of Justice, Department of Commerce, Department of State, Department of Homeland Security, FCC, FTC, and CFPB.
- Authorize the FCC to impose a fine of up to $10,000 against businesses or individuals that violate the TRACED Act. The FCC already has authority under the TCPA to impose fines of up to $16,000, so this new authority would be giving the agency a second umbrella under which they could impose fines.
Learn more about robocall laws and autodialer laws. Make sure you understand dnc compliance and cell phone telemarketing laws as well.
Operators of Alleged Sweepstakes Scam to Settle FTC Charges for $30 Million
A business that allegedly targeted senior citizens in a sweepstakes scam has agreed to pay the FTC a $30 million settlement. They have also been banned from participating in any future prize-promotion business. According the the FTC, the defendants, "tricked millions of people—many of them older adults—into paying money to collect prizes that never materialized." Read the FTC's press release here. Be especially cautious when marketing to senior citizens. You should strongly consider having unique policies in place to reduce complaints from seniors, as regulators will generally take them more seriously than others.
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