Wednesday, January 3, 2018

FTC Releases DNC Report

The FTC has published its biennial report on the National DNC Registry.  Below are some of the more significant findings:
  • Over 2,000 businesses and other entities paid more than $12.6 million to access the registry during fiscal year 2017.
  • When the DNC Registry was implemented in 2003, 10 million numbers were added within the first four days.
  • As of September 30, 2017, the registry included nearly 230 million numbers.
  • The FTC is tracking new direct marketing technologies and analyzing how they have led to an increase in DNC related consumer complaints.
  • The top six categories that consumers file DNC complaints about are: 1) Reducing Debt 2) Dropped call or no message 3) Vacation and timeshares 4) Warranties and protection plans 5) Calls pretending to be government, businesses, or family/friends and 6) Medical and prescriptions.
Learn more about DNC regulations, Do-Not-Call laws, telemarketing compliance, and cell phone do-not-call laws. Consult with a telemarketing attorney to learn how to reduce complaints about your business.

FTC Cases Resulted in Over $6 Billion in Refunds Between July 1, 2016 and June 30, 2017


On December 22nd, the FTC announced that over $6 billion had been paid out in consumer refunds as a result of the actions that the agency had taken against businesses between July 1, 2016 and June 30, 2017. This doesn't include judgements that have been suspended based on the defendants' inability to pay. Read the FTC press release here.

Hooters TCPA Settlement Claims Period Ends


The settlement claims period for a TCPA class action lawsuit against the restaurant chain Hooters has closed. Hooters will now pay out $1.3 million in gift cards to class members. In August 2017, Hooters agreed to settle the lawsuit, which was filed by plaintiff Michael Etzel. Etzel alleged that Hooters had sent unsolicited text messages to at least 55,000 individuals. The text messages allegedly said, "Hooters Fans: Our mClub has moved! Don’t worry, you’ll still receive exclusive news, just from a new number. Reply STOP to unsubscribe Msg&Data Rates may apply." Although they had proper opt-out language, the plaintiffs alleged that Hooters never obtained the proper consent to send the messages in the first place. If your company does any text marketing, make sure you have proper, well-documented consent in order to avoid headaches like this. Read more about the settlement here. If you are facing a TCPA class action, make sure you have a telemarketing attorney or a TCPA lawyer on your side. Learn about cell phone telemarketing laws.

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