Category: Compliance
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FCC Adopts Rule Closing Lead Generator Loophole, But Gives Companies 12 Months to Get Ready
The Federal Communications Commission yesterday published the final rulemaking document laying out changes it voted on during its meeting last week, but did make one compromised at the request of the Online Lenders Alliance, agreeing to allow 12 months for companies to make the necessary changes to comply, instead of the six months that was…
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FTC Orders Scammers Selling Bogus Telemarketing Advice to Repay $1M to Consumers
The Federal Trade Commission has entered into an enforcement action with a group of companies that will require them to repay $1 million in consumer refunds after falsely promising to consumers that they could make millions in telemarketing sales. Who’s Involved: The companies were owned by Taylor Welch and Christopher Evans. Payton Welch and Ashton…
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Webinar Recording: How Lead Generation Will Work in a post-FCC Ruling World
Here are the five most important takeaways from this webinar: Click here to access a recording of this webinar.
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FCC Votes to Close Lead Generator Loophole
The Federal Communications Commission has voted to close a loophole that allowed companies to sell leads to multiple buyers, instead requiring companies obtain consent from consumers to share leads with one buyer at a time. Known as the lead generator loophole, it allowed consumers to be contacted by virtually anyone. How it Will Work: Consumers…
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The FCC’s Proposed Changes to Lead Generation Explained
On December 13th, the FCC is expected to vote on a proposed rule that would dramatically change the lead generation industry. The rule aims to close what the FCC sees as the “lead generation loophole” – obtaining consumer consent for multiple companies without specifying each one. The panel discussion provided insight into the proposed rule.…
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Appeals Court Upholds Denial of Motion to Compel Arbitration Filed by Insurance Lead Generator
The Court of Appeals for the Third Circuit has affirmed a lower court’s ruling ordering the two sides in a discrimination case to conduct discovery on whether the defendant, an insurance lead generation company, can force arbitration after an employee who underwent heart surgery was dismissed. The issue is that the motion to compel arbitration…
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Judge Grants Motion to Subpoena ISP to Identify Individual Who Signed Up on Lead Generation Website
A Magistrate Court judge in Utah has granted a defendant’s motion to serve a subpoena on an Internet Service Provider in order to determine the location from which a specific IP address originated, which provided consent to a lead generator to receive messages. The Background: The plaintiff is accusing the defendant of violating the Telephone…
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Bill Introduced in Senate to Criminalize Illegal Robocallers
A bill has been introduced in the Senate that would criminalize certain provisions of the Telephone Consumer Protection Act while also increasing the maximum financial penalties for violating certain provisions of the Act. The Details: The bill, called the Deter Obnoxious, Nefarious, and Outrageous Telephone (DO NOT) Call Act was introduced by Sen. Catherine Cortez…
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Judge Denies MSJ for Defendant in TCPA Case Over Calls Made After Consent was Revoked
Presented with either believing a defendant claiming it never contacted a plaintiff after she retained counsel and revoked consent to be contacted or a plaintiff who said that the defendant did call four more times, a District Court judge in Nevada is siding with the plaintiff for now, choosing to put her trust in what…
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FCC Proposes Rule to Close Lead Generator Loophole
The Federal Communications Commission has issued a Notice of Proposed Rulemaking that would “closed the lead generator loophole” among other actions, and require consumers’ prior express written consent from a single seller at a time on comparison shopping websites. The proposal is due to be voted on at the FCC’s next meeting, on December 13.…