New Amendments to the FTC’s Telemarketing Sales Rule

FTC Amends Telemarketing Sales Rule The Federal Trade Commission (FTC) announced amendments to the Telemarketing Sales Rule (TSR), the most significant of which prohibits telemarketers from using the following payment methods for inbound and outbound telemarketing transactions: Remotely created checks; Remotely created payment orders; Cash-to-cash money transfers through companies like MoneyGram and Western Union and; Cash reload mechanisms such […]

Anti-Flatulence Pill Manufacturer Loses NAD Challenge

The National Advertising Division of the Better Business Bureau (NAD) recently recommended that Boehringer Ingelheim, manufacturer of an anti-flatulence product called “DulcoGas Maximum Strength” discontinue incorporating the “maximum strength” claim in connection with the DulcoGas product. The claim was challenged by a competitor, Novartis Consumer Health, Inc., which argued that the claim referred to the strength of […]

Additional TCPA Battle Reports

The vicious TCPA war being fought in the courts shows no sign of slowing.  As a follow up to a previous post, here is a summary of a few recent battles: Victory for Defendant: Marks v. Crunch San Diego, LLC In what has become a depressing pattern, health club company Crunch was hit with a […]

Executives Beware: Personal Liability for False Advertising is a Distinct Possibility

At the annual conference of the National Advertising Division, FTC attorneys and Commissioners made it clear that corporate officers may face personal liability if their companies engage in false advertising. Lesley A. Fair, a senior attorney in the Division of Consumer Protection and Business Education, warned advertisers about the potential for personal liability and cited […]