FTC Settles with Telemarketer over Robocalling Violations

Print Friendly, PDF & Email

Robocalls – or, telephone calls that use both a computerized autodialer and a computer-delivered pre-recorded message – receive a heightened level of scrutiny under various state and federal telemarketing laws.  As part of the increased regulatory focus on robocalls, the FTC brought charges against Roy M. Cox, Jr. and several related companies, alleging violations of the FTC’s Amended Telemarketing Sales Rule (“ATSR”).

In response, Cox and the FTC reached a settlement that will require Cox to pay $1,100,000 for the alleged ATSR violations, and for Cox to be banned, for life, from partaking in any future telemarketing activity.

Among the alleged violations, the FTC charged that Cox and the related entities, “illegally [failed] to transmit their name or their clients’ names on consumers’ caller ID displays when making their telemarketing calls, [used] generic names instead, such as “CARD SERVICES,” “CREDIT SERVICES,” or “PRIVATE OFFICE” … called phone numbers on the National Do Not Call Registry, and made pre-recorded sales calls to consumers without their written consent.”

As the Cox case makes clear, entities that fail to comply with state and federal telemarketing and/or robocall requirements could find themselves facing regulatory action from the FTC, or state regulatory bodies.

If you are interested in learning more about this topic or need to review your telemarketing practices, please contact us at your convenience.

Attorney Advertising

David O. Klein

David O. Klein

David Klein is one of the most recognized attorneys in the telemarketing, technology, Internet marketing, sweepstakes and telecommunications fields. Skilled at counseling clients on a broad range of technology-related matters, David Klein has substantial experience in negotiating and drafting complex licensing, marketing and Internet agreements.

Schedule a Call
In The Know

Trending Topics

Creating a Viral and Legally Compliant "Pin to Win" Contest- Klein Moynihan Turco

Creating a Viral (And Legally Compliant) “Pin to Win” Contest

Print Friendly, PDF & Email

We have frequently written about the marketing benefits associated with the use of promotional contests and sweepstakes.  Promotional contests and sweepstakes often appear on social media platforms, which provide companies with a free and effective means to increase the number of consumers participating in their respective contests. While companies must

Facebook Decision defines a TCPA Autodialer- Klein Moynihan Turco LLP

Facebook Aftermath: Courts Clarify Definition of TCPA Autodialer

Print Friendly, PDF & Email

On April 1st, the U.S. Supreme Court released its opinion in Facebook, Inc. v. Duguid, marking a newly clarified definition of “autodialer” within the meaning of the Telephone Consumer Protection Act (“TCPA”). In the two weeks that followed, two federal courts have directly addressed the definition of TCPA autodialer as

Critical Role that TCPA Plays in Outbound Telemarketing- KMT

The Critical Role that the TCPA Plays in Outbound Telemarketing

Print Friendly, PDF & Email

If you’re running any sort of outbound telemarketing campaign – phone calls, voicemail drops, or text messaging – you need to understand the Telephone Consumer Protection Act (TCPA) and its enabling regulations. Call center operators are not the only businesses that employ outbound telemarketing to reach out to consumers. Using

How to Use Promotional Marketing the Legal Way: Klein Moynihan Turco LLP

How To Use Promotional Marketing The Legal Way

Print Friendly, PDF & Email

The use of promotional contests, games and sweepstakes marketing can be a dynamic and cost-effective way to increase sales, build a database of interested consumers and otherwise increase brand awareness and buzz. Consumers are more easily attracted to your marketing message by the opportunity to win prizes than with more

Running a Telemarketing Business?

Get a Free Compliance Review From an Experienced TCPA Lawyer.

Share on facebook
Share on google
Share on twitter
Share on linkedin