Last week, the Federal Trade Commission (FTC) released new amendments to the Telemarketing Sales Rule (TSR) that the FTC first proposed in July 2013 and that will go into effect in 2016. As expected, the new amendments make a number of substantial changes, including a ban on the use four types of payment methods in telemarketing. It also clarifies certain issues relating to the FTC’s Do Not Call enforcement policies and their application to business-to-business calls, demonstrating the existence of an “established business relationship,” and the sharing of the cost of Do Not Call (DNC) Registry fees.
Continue Reading FTC Amends Telemarketing Sales Rule: Amendments Include a Ban on the Use of Certain Payment Mechanisms in Telemarketing and Clarification on Existing Provisions, Including the Business-to-Business Call Exemption
“Show Me” State Shows No Mercy: Missouri AG Files Suit Against Charity Telemarketers
On October 27, 2015, the Missouri Attorney General filed a lawsuit against two telemarketing companies that solicit donations on behalf of charitable organizations in the state, and against the companies’ co-owners. Regular readers of this blog know that these have been very eventful times for telemarketers, as the U.S. Supreme Court considers the breadth of relief to which a plaintiff is entitled under the Telephone Consumer Protection Act (“TCPA”), other federal courts opine on the definition of an “autodialer,” and the Federal Communications Commission releases consumer complaint data weekly.
Missouri’s action is not simply an example of piling-on: it is a stark reminder that telemarketers who work for nonprofit organizations must still comply with many of the TCPA’s provisions (as well as those of the TCPA’s cousin, the Telemarketing Sales Rule (TSR)). Some businesses that operate in the nonprofit sector – particularly the charity sector – believe that laws impacting the commercial industry do not similarly apply to them; this can be a costly mistake.
Continue Reading “Show Me” State Shows No Mercy: Missouri AG Files Suit Against Charity Telemarketers
A Watchful Eye Toward TCPA Filings
With all of the recent litigation under the Telephone Consumer Protection Act (“TCPA”), marketers are well aware that making telemarketing calls can be a tricky road to navigate. In October 2013, the Federal Communication Commission’s (“FCC”) new TCPA rule went into effect, requiring prior express written consent to call consumers for telemarketing purposes— a higher standard than its previous “prior express consent” standard. As we have written previously, a large number of cases under the old rule grappled with the meaning of what constituted prior express consent. Although the rule itself has changed, the number of questions surrounding the rule has not.
Continue Reading A Watchful Eye Toward TCPA Filings