FCC Issues Final Rule Regarding Recent Efforts to Reduce Illegal Robocalls

The FCC has issued a final rule regarding recent efforts to allow voice service providers to take action to reduce illegal robocalls. Specifically, this rule allows providers to "proactively block telephone calls when the subscriber of a phone number requests that calls purporting to originate from that number be blocked, and when calls purport to originate from three categories of unassigned phone numbers: Invalid numbers, valid numbers that are not allocated to a voice service provider, and valid numbers that are allocated but not assigned to a subscriber." Read the full rule here. Learn about robocall laws and robocall regulations. FCC telemarketing laws are complex, so contact a telemarketing attorney to ensure you understand all telemarketing regulations.

Court Affirms Decision That Flu Shot Reminder Text Didn't Violate TCPA

The Second Circuit Court of Appeals has affirmed a 2016 decision made by a district court in Latner v. Mount Sinai Health Sys. that a text message sent to remind Latner about getting a flu shot did not violate the TCPA. The text sent by Mount Sinai said, "It's flu season again. Your PCP at WPMG is thinking of you! Please call us at 212-247-8100 to schedule an appointment for a flu shot." Latner had previously provided his number to Mount Sinai and consented to receive messages for "Treatment Purposes." The Court of Appeals held that this message would fall into that category, and thus no violation of the TCPA had occurred. Read the court's decision here. Learn about telemarketing rules and telemarketing compliance. Contact a TCPA lawyer if you need help defending yourself from a TCPA lawsuit.

Charitable Telemarketing Under Criticism

An article published in the New Haven Register highlights some problems that charitable telefunding companies can potentially face. The article discusses a recent complaint filed by the Ohio Attorney General against The Ohio Cops for Kids, a charity that helps children whose families were victims of crime. The complaint alleges that just two percent of the funds raised by the charity went to help victims and that the charity was defrauding consumers. The Ohio Cops For Kids had hired a for-profit telefunding company to make calls and ask for donations. Read the article here. Read about charitable telemarketing laws.

InfoCision Settles FTC Charges for Violations of TSR

InfoCision, Inc., an Ohio-based telefunding company, has settled charges with the FTC for allegedly violating the FTC's Telemarketing Sales Rule (TSR). The TSR requires telemarketers calling on behalf of a charity to promptly disclose which charity they are calling for and state the the purpose of the call is to ask for a donation. The FTC charges state that, "InfoCision’s telemarketers called consumers and told them at the start of the call that they were not calling to ask for a donation." The settlement includes a  $250,000 civil penalty against the defendant, and requires that they no longer make any "false or misleading statements designed to induce anyone to pay for goods or services or make a charitable contribution." Read more here. Learn more about nonprofit telemarketing regulations.