Tag Archives: Telemarketing

UK Company Fined For Buying And Selling Non-Compliant Marketing Databases

The UK Information Commissioner’s Office (ICO), which enforces data protection legislation in the UK, has fined a company £20,000 (approximately 24,000 USD / 23,000 EUR) for not exercising sufficient due diligence when buying and using marketing databases. The ICO found that over 580,000 individuals’ contact details had been obtained by The Data Supply Company Ltd … Continue Reading

Company Receives Record Fine from UK Regulator For Cold Calling

The UK’s data protection regulator, the Information Commissioner’s Office (“ICO”), has imposed a fine of £350,000 on Prodial Ltd (“Prodial”) for making over 46 million unsolicited automated telephone calls to generate leads in relation to payment protection insurance refunds.  This is the highest fine issued by the ICO to date.… Continue Reading

Court Finds FTC Entitled to Partial Summary Judgment Against Dish Network for Telemarketing Violations

Last month a federal court found Dish Network liable for calls that were alleged by the Federal Trade Commission (“FTC”) to violate various provisions of the FTC’s Telemarketing Sales Rule (“TSR”).  Specifically, the FTC’s 2009 complaint asserted that Dish Network initiated, or caused a telemarketer to initiate, calls to numbers on the National Do Not … Continue Reading

Another Court Finds That an Automated SMS Platform is Not an ATDS

By Ani Gevorkian Last week, the U.S. District Court for the Southern District of California issued an opinion regarding the definition of  an “Automatic Telephone Dialing System” (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”).  The opinion follows a small but growing number of cases holding that courts have their own ability to interpret the … Continue Reading

FCC Obtains Record $7.5 Million Settlement With Sprint for Alleged Do-Not-Call Violations

Earlier this week, the FCC announced that mobile wireless company Sprint will pay $7.5 million to resolve allegations that the company failed to honor consumer requests to be placed on Sprint’s entity-specific Do-Not-Call list.  The settlement represents the largest of its kind between the FCC and a carrier. Through this settlement agreement, which follows a … Continue Reading

FCC Fines Company $2.9 Million for Political Robocalls to Cell Phones

Last week, the Federal Communications Commission announced plans to fine Dialing Services, LLC, nearly $3 million for making illegal “robocalls” to cell phones. The FCC has specific rules for automatic telephone dialing systems, also known as “autodialers,” that have the capacity to produce, store, and dial telephone numbers using a random or sequential number generator. … Continue Reading

Federal Judge: Companies Must Document Consent to Avoid TCPA Claims

A recent federal court opinion demonstrates the need for companies to retain appropriate documentation to avoid liability under the Telephone Consumer Protection Act (TCPA) when they transmit messages to mobile phones using autodialers or prerecorded messages. Last September, Alfredia Glenn sued CheckSmart Financial Company, a payday loan company.  In her complaint, filed in the U.S. … Continue Reading

Seventh Circuit: Indiana Telemarketing Statute Not Preempted by TCPA

The Seventh Circuit Court of Appeals recently held that the application of Indiana’s Automated Dialing Machine Statute to interstate calls was not preempted by the federal Telephone Consumer Protection Act or its implementing regulations (“TCPA”).  The case, Patriotic Veterans v. Indiana,  highlights the importance of considering both the TCPA and potentially applicable state laws before … Continue Reading

Petitions to Forbear or Clarify New FCC TCPA Rules Filed

Earlier today, two entities — the Direct Marketing Association (“DMA”) and a Coalition of Mobile Engagement Providers (“Coalition”) — filed petitions at the FCC asking the agency to stay and forbear from enforcing, or clarify, certain aspects of the “prior express written consent” requirement that went into effect yesterday for prerecorded calls to residential numbers and autodialed … Continue Reading

FCC Confirms That Sellers Can Be Liable for Telemarketer TCPA Violations

A seller who authorizes a third-party telemarketer to market the seller’s goods or services may be held vicariously liable if the telemarketer violates the Telephone Consumer Protection Act (TCPA), the Federal Communications Commission held in a May 9 declaratory ruling. The FCC’s ruling interprets two subsections of the TCPA. The first subsection — 47 U.S.C. … Continue Reading

Telemarketing Recap: Recent Key Developments at the FCC, FTC and in the Courts

A number of key developments affecting telemarketing emerged over the past week: 1.  The distinction between informational and telemarketing calls was further defined.  The 9th Circuit held that calls intended to impart information about a customer rewards program could be construed as “dual purpose” calls subject to federal and state telemarketing restrictions.  See Chesbro v. … Continue Reading

FCC Adopts New Telemarketing Restrictions

Today, the Federal Communications Commission adopted new rules that strengthen its restrictions on autodialed or prerecorded telemarketing calls.  The FCC billed the new rules as an effort to maintain consistency with the Federal Trade Commission’s telemarketing sales rule, which also governs telemarketing calls, and to give consumers control over the calls that they receive. Under … Continue Reading

New Law Prohibits Caller ID “Spoofing”

Last week, President Obama signed into law the “Truth in Caller ID Act,” which prohibits the practice of providing false caller ID information in order to deceive the call recipient (better known as caller ID “spoofing”).  Specifically, the Act prohibits the use of “misleading or inaccurate caller identification information with the intent to defraud, cause harm, or wrongfully obtain anything of … Continue Reading

New York’s Do Not Call Law Now Covers “Robocalls”

New York has amended its Do Not Call law to cover automated telephone calls that deliver pre-recorded messages–so-called “robocalls.”  The New York law generally prohibits businesses from making “telemarketing sales calls” to consumers who have registered their telephone numbers on the national Do Not Call Registry, which is administered by the FTC and FCC.  The heart of … Continue Reading

FTC Seeks Comment on Strengthening Caller ID Requirements for Telemarketers

The Federal Trade Commission is asking for comments on whether to strengthen its rules requiring telemarketers to disclose their identities via caller ID.  The FTC’s notice [PDF] suggests that the agency is taking aim at what it perceives to be deceptive identification disclosure practices.  The FTC currently requires telemarketers to disclose their telephone number and, when technically … Continue Reading
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