Three Utah-based firms and their owner have agreed to a proposed court order settling the Federal Trade Commission’s (FTC) charges against them. The proposed court order imposes a $45.5 million civil penalty judgment, of which all but $487,735 is conditionally suspended, provided certain conditions are met.
Author: stefen
FTC-FCC Agenda For March 2018 Joint Policy Forum
The FTC and FCC have announced the agenda for their first of two joint Robocall forums. The topic at the March 23 event will cover the regulatory challenges posed by illegal robocalls and what the two agencies are doing to protect consumers and encourage the development of private-sector solutions.
Court Rules $50 Million TCPA Settlement Is Covered By Insurance Policy
In a March 2018 court ruling, a New York Federal judge ordered Illinois Union Insurance Company to pay the $50 million settlement in a TCPA class action lawsuit against US Coachways. How did this happen?
TCPA Debt Collections Lawsuit Reinstated Against Creditor
The Ninth Circuit Court of Appeals reinstated a TCPA lawsuit previously dismissed for lack of Article III standing. The court’s decision to reinstate this lawsuit has important implications for defendants who challenge the TCPA at the pleading stage.
JPMorgan Agrees To $2.25 Million TCPA Class Action Settlement
Faced with possible fines in excess of $121 million, JPMorgan Chase agreed to a $2.25 million TCPA class action settlement. The financial services firm was accused of violating the TCPA by autodialing over 200,000 cell phones after their customers had already verbally revoked consent.
Court Decertifies TCPA Class Action Against Yahoo
The court which had initially certified a class action, found that significant questions about “consent” constituted grounds to decertify the class. The case is Johnson v. Yahoo!, Inc..
Supreme Court Rules The FCC Exceeded Its Authority
The Supreme Court denied the class action plaintiffs’ petition in Bais Yaakov of Spring Valley v. FCC. Ruling invalidates FCC rule that required advertisers to place opt-out notices on solicited faxes or pay penalties for non-compliance.
Debt Collection: Reassigned Numbers Risk TCPA Violation
The problem of reassigned numbers has only worsened. At issue is use of the autodialer. Unfortunately, using an autodialer increases your risk for regulatory violations. Are you next?
5 Simple Tips Help Telemarketers Win TCPA Lawsuits
Professional plaintiffs make their living off extracting large settlements from TCPA lawsuits against telemarketers for alleged regulatory violations that can go back several years. Here are few tips that will help mitigate the risks faced by call centers and provide you with standing in court.
Telemarketing Charity Fundraiser Fined $250,000
The Federal Trade Commission (FTC) asked the Department of Justice (DOJ) to file a complaint against the Ohio based charity and political fundraiser, InfoCision. The company is alleged to have violated the Telemarketing Sales Rule (TSR) by making false or misleading statements that induce consumers to make donations.