Telemarketing Connections Newsletter
In this issue:
- The FTC has extended its deadline for enforcing the new red flags rule.
- An auto warranty company has agreed to pay more than $100,000 in fines to the State of Arkansas.
- The Ninth Circuit has affirmed dismissal of a California lawsuit against Gap, Inc.
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In this issue:
- The FTC has obtained an injunction halting three companies’ allegedly deceptive telemarketing calls.
- An Illinois federal court has ruled that a debt collector did not have consent to place prerecorded calls to a consumer that provided his telephone number to the original creditor.
- Heartland Payment Systems has entered into a settlement with MasterCard following one of the largest customer data breaches in history.
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In this issue:
- Change to Tennessee ADAD Registration Rules.
- Newly introduced/passed state bills
- Uniform standards sought for appraisal of cash and non-cash contributions.
- FCC has published Notice of Intent to modify the TCPA.
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In this issue:
- The FTC has announced a major law enforcement effort targeting telemarketers who violate the “do-not-call” rule or rules barring prerecorded calls to consumers.
- Two bills have been introduced in the Mississippi House related to Mississippi’s Telephone Communications Act.
- The Missouri Senate is considering a bill (SB 633) which would ban prerecorded telephone calls, including political calls to persons on the Missouri “do-not-call” lists.
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In this issue:
- The FTC has extended the enforcement deadline for its red flags rule through June 1, 2010 at the request of members of Congress.
- A bill has been pre-filed in the Florida Senate (SB 332) which would change the state’s law governing debt negotiation.
- New York has passed a new law (AB 1627), effective November 16, 2009, which would prohibit any false, deceptive, or misleading statement regarding a seller’s affiliation with a consumer’s current auto warranty company or other information regarding the consumer’s auto warranty.
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- The FTC announced new restrictive revisions to the TSR with regard to the sale of debt relief services.
- An auto warranty company is permanently banned from making any prerecorded calls.
- North Carolina has amended its law regulating prerecorded calls.
- Effective October 1, 2009, the annual subscription rate for the national “do-not-call” list will be $55.00 per area code or a maximum amount of $15,058.
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In this issue:
- FTC has amended its complaint against a sender of robo-calls.
- FTC has filed suit against an allegedly bogus mortgage foreclosure prevention program.
- Verizon and other cell phone companies suing alleged senders of illegal prerecorded telephone messages.
- TCPA covers text messages and bars them absent the express consent of the recipient.
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In this issue:
- The FCC issued a forfeiture order against a mortgage lending corporation in the amount of $18,000 for alleged violations of the TCPA.
- FTC v.Stefanchik, et al ruling that a telemarketer made deceptive and false claims when marketing a program concerning mortgage sales.
- FTC settlement with DirecTV which paid a penalty of $2.31 million for calling consumers who made company specific ‘do-not-call’ requests.
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In this issue:
- The FTC will review its Telemarketing Sales Rule regulations in 2013 pursuant to a 10 year schedule to review all its regulations.
- A U.S. District Court has struck down the FCC’s established business relationship exemption for unsolicited faxes sent prior to 2005 (Goetlieb v.Carnival Corporation).
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FCC has issued a Notice of Apparent Liability for Forfeiture (NAL) against Clean Credit, Inc. for allegedly willfully violating the TCPA with regard to unsolicited facsimile advertisements
FTC “Red Flag Rules” will be enforced beginning May 1, 2009. The Rules apply to any business which uses consumer credit reports. Creditors are required to implement an identity theft prevention program approved by the company’s Board of Directors.
FTC has charged a mortgage broker with violating the FTC Act for disposing of consumers’ personal financial records in a trash dumpster. Included in the trash were consumer credit reports which are governed by certain specific disposal rules.
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