When the Federal Trade Commission (FTC) implemented the National Do Not Call (DNC) Registry in 2003, 32 states already managed their own DNC lists. In the ensuing years, most of those states chose to forgo the continued maintenance of state-specific lists and adopted the federal list. However, there remain 12 holdouts who continue to offer… Continue reading The 11 States With State-Level DNC Lists
Tag: FTC
What Is a Robocall?
The practical consequences of telemarketing regulation and the outcomes of telemarketing litigation often turn on how key terminology in regulatory legislation and rules is interpreted. As seen with the ongoing debate over how to interpret the Telephone Consumer Protection Act’s (TCPA) definition of “automatic telephone dialing system (ATDS),” this can be an issue even with terms that are explicitly defined in federal statutes. For a term such as “robocall” that lacks a clear definition, this can be significantly more complicated.
2021 TCPA Compliance Trends
There’s been a trend in outbound sales and lead generation over the last few years. You might describe it as a gradually constricting strangle on the ability of outbound call centers to actually get through to consumers. It’s no secret that this trend runs a parallel course with the trends of increasing TCPA compliance restrictions and other FCC led efforts to shield consumers from telemarketing abuse.
One Year Later: Tracking the Implementation of the TRACED Act
December 30, 2020 marks the one year anniversary of President Donald Trump signing the Pallone-Thune TRACED Act into law. The law, whose name is an acronym for Telephone Robocall Abuse Criminal Enforcement and Deterrence, is the first major federal telemarketing legislation in more than a decade. An addition to the Telephone Consumer Protection Act (TCPA),… Continue reading One Year Later: Tracking the Implementation of the TRACED Act
What Are the Penalties Associated with TCPA Violations?
While the Federal Communications Commission (FCC), Federal Trade Commission (FTC), and state attorneys general also have enforcement powers, the Telephone Consumer Protection Act (TCPA) is primarily enforced through its private right of action, allowing individuals to bring suit under the law. The original intent was for this right to be enforced in small claims court.… Continue reading What Are the Penalties Associated with TCPA Violations?
TCPA vs. DNC
Telemarketing compliance is made difficult by the byzantine nature of telemarketing regulations. Any marketer can be forgiven for struggling to keep track of the varying levels of laws, regulatory agencies, and other enforcement mechanisms. However, there are two acronyms that loom large enough in the regulatory landscape that everybody knows them, even if they don’t really understand what they mean: TCPA and DNC.
FTC Fines VoIP Service Provider $2 Million for TSR Violations
The Federal Trade Commission (FTC) and the State of Ohio have announced that they are fining Globex Telecom, Inc.—a Voice over Internet Protocol (VoIP) service provider—approximately $2 million for violating multiple consumer protection regulations, including the Telemarketing Sales Rule (TSR) and Ohio’s Telephone Solicitation Sales Act. Globex, their former president and CEO Mohammed Souheil, and… Continue reading FTC Fines VoIP Service Provider $2 Million for TSR Violations
Who Needs a SAN?
Any company who is calling or texting is required by law to suppress phone numbers against the National Do Not Call (DNC) Registry. A SAN (Subscription Account Number) must be purchased and renewed annually in order to download the DNC registry. Many callers find the rules relating to and process for acquiring a SAN to… Continue reading Who Needs a SAN?
The Possibility of TCPA Being Invalidated Is No Reason for Complacency
The entire telemarketing industry is awaiting the Supreme Court’s decision in AAPC v. Barr, the case that very may well invalidate the Telephone Consumer Protection Act (TCPA) in its entirety. However, the possibility that the main federal enforcement mechanism for regulating telemarketing may soon disappear is no reason for marketers to become lax in their… Continue reading The Possibility of TCPA Being Invalidated Is No Reason for Complacency
FCC and FTC Warn Three Gateway Providers About COVID-Related Scam Robocalls
The Federal Communications Commission (FCC) and Federal Trade Commission (FTC) issued letters to three gateway providers demanding that they shut off traffic to overseas robocallers whom the Commissions have identified as engaging in scam calls related to the COVID-19 pandemic. In the press release accompanying the letters, FCC Chairman Ajit Pai is quoted as saying,… Continue reading FCC and FTC Warn Three Gateway Providers About COVID-Related Scam Robocalls