The FTC announced today that the maximum civil fine for violations of the Telemarketing Sales Rule (TSR) has increased from $40,654 to $41,484. The increase is part of a predetermined formula required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (yes, that’s the full name of the act).
Telemarketing companies should anticipate a similar increase in maximum potential fines every January. Various civil fine increases were announced in the recent FTC press release. Although the release doesn’t specifically mention the TSR, the increase does apply to this regulation and will soon be reflected in the FTC’s Guide for Complying with the Telemarketing Sales Rule.
For TCPA attorneys and serial litigators the FTC announcement was good news. After all, at the end of the day, a class action attorney’s job is to go after the money. However, the news was especially bad for businesses conducting telemarketing campaigns that are unaware serial litigators are hiding in their calling data.