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On the Horizon: More Restrictive Robocalling Rules for Debt Collectors
Newly proposed FCC rules would require debt collectors who use automated telephone dialing systems to send recorded calls to wireless numbers to obtain a prior written agreement evidencing the consumer’s consent to receive them.
Clear Disclosure, Valid Consent
In a recent Massachusetts class action lawsuit, the Plaintiff accused a company marketing a continuity membership program of deceptively tricking her into enrolling. The Court disagreed, and granted the Defendant’s motion for summary judgment. As grounds for its decision, the Court stated that the Plaintiff “cannot now show the necessary connection between the allegedly deceptive more…
CALM Act Rules Enacted
This week the Federal Communications Commission enacted regulations that implement the provisions of the Commercial Advertisement Loudness Mitigation (CALM) Act, which was passed last year by Congress. Under the new rules, which take effect on December 13, 2012, advertisements cannot be louder than the programming surrounding them. “TV commercials, such as those for OxiClean, ShamWow!, more…
CALM Act, Commercials, FCC, Federal Communication Commission
DNC Requests: No Means No
The Federal Trade Commission (FTC) recently settled a telemarketing enforcement action that it brought against Americall Group, Inc., based on allegations that the Illinois telemarketing firm interfered with the right of consumers to be placed on companies’ internal do-not-call lists, and that it disguised its identity on caller ID. Americall, a telemarketer specializing in calls more…
DNC, Do Not Call, Federal Trade Commission, FTC, Telemarketing, Telemarketing Sales Rule
FTC Crackdown Illustrates the Importance of TSR Compliance
Two recent enforcement actions against so-called “robocallers” illustrate the vital importance of compliance with FTC regulations governing the use of recorded voice messaging in marketing campaigns. The actions are part of the Commission’s ongoing efforts to crack down on illegal pre-recorded voice messaging.
Federal Trade Commission, FTC, Marketing Law, robocalling, Telemarketing, Telemarketing Sales Rule