The Federal Trade Commission (FTC) reached an agreement with the owners of a New Jersey-based septic tank cleaning supplies company over robocall violations. The owners of the company will pay a fine of $1.6 million, accept a permanent ban on telemarketing, and turn over a residential property. The company is owned by three brothers named… Continue reading FTC Fines New Jersey Septic Tank Cleaning Company $1.6 Million for DNC Violations
Tag: Regulatory Enforcement
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.
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
Simington Confirmed to FCC in Last Minute Vote
The Senate confirmed Nathan Simington as a Commissioner on the Federal Communications Commission (FCC). The confirmation vote, which fell along party lines 49-46, was somewhat surprising as Senate Majority Leader Mitch McConnell had not been expected to prioritize it over other procedural moves with the Senate’s limited time remaining before the end of this year’s… Continue reading Simington Confirmed to FCC in Last Minute Vote
FCC Fines Telemarketer $10 Million for Caller ID Spoofing
The Federal Communications Commission (FCC) levied an enormous fine against a San Diego-based telemarketer for violations of the Truth in Caller ID Act. The $10 million fine arises from a robocall campaign related to a 2018 election for a seat in the California Assembly. The FCC announced that Ken Moser and his company, Marketing Support… Continue reading FCC Fines Telemarketer $10 Million for Caller ID Spoofing
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?
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
FCC Enforcement of Spoofed Robocalls Leads to Proposed $225 Million Fine
The Federal Communications Commission (FCC) has made enforcement of robocall violations, particularly those involving spoofed numbers, a top priority, particularly since the passage of the TRACED Act at the end of last year. The latest element of this ongoing project is the largest proposed fine in the FCC’s history, $225 million, against a Texas-based health… Continue reading FCC Enforcement of Spoofed Robocalls Leads to Proposed $225 Million Fine
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
Judge Orders Defendant in TCPA Case to Be Arrested
While Telephone Consumer Protection Act (TCPA) violations can be very expensive, it’s rare for them to result in an arrest. A telemarketer in Texas has managed to conduct himself so egregiously in his TCPA lawsuit that he may end up spending some time behind bars, or at least in handcuffs. The telemarketer is the defendant… Continue reading Judge Orders Defendant in TCPA Case to Be Arrested