TSR

TSR violation

Lead Generator Found Liable for Major TSR Violations

On September 1, 2023, Judge Lindsay C. Jenkins of the Northern District of Illinois entered an order granting the Federal Trade Commission (“FTC’) partial summary judgment against Day Pacer LLC and associated defendants (collectively “Day Pacer”). The Court found that Day Pacer violated the Telemarketing Sales Rule (“TSR”) by: 1) placing millions of telephone calls […]

Lead Generator Found Liable for Major TSR Violations Read More »

TSR Changes: What You Need To Know - Klein Moynihan Turco LLP

TSR Changes: What You Need to Know

 On April 28, 2022, the Federal Trade Commission (“FTC”) unanimously approved a Notice of Proposed Rulemaking (“NPRM”) and an Advanced Notice of Proposed Rulemaking (“ANPRM”) that would amend the Telemarketing Sales Rule (“TSR”). The FTC believes these changes are necessary to protect consumers from deceptive and abusive telemarketing practices. Please note that any business that

TSR Changes: What You Need to Know Read More »

FTC Begins TSR Rulemaking Process, Targets Repeal of B2B Exception - Klein Moynihan Turco LLP

FTC Begins TSR Rulemaking Process, Targets Repeal of B2B Exception

In a recently released Advanced Notice of Proposed Rulemaking (“Notice”), the Federal Trade Commission (“FTC”) is seeking comment on certain important proposed amendments to the Telemarketing Sales Rule (“TSR”). Among these proposed (but not yet enacted) amendments is the potential repeal or narrowing of the long-standing Business to Business (“B2B”) exception. On a basic level,

FTC Begins TSR Rulemaking Process, Targets Repeal of B2B Exception Read More »

Telemarketing List Management Agreements: Age of Consent

Telemarketing List Management Agreements: Age of Consent

Through the course of interacting with consumers, and in connection with various ongoing commercial relationships with those consumers, business owners of all kinds are frequently able to amass a valuable database of consumer telephone numbers.  Where permitted by the applicable privacy policy, as well as the specific telemarketing-related consent obtained from the subject consumers at

Telemarketing List Management Agreements: Age of Consent Read More »

Cruise Company Defendants Settle FTC-Alleged TSR Violations

Cruise Company Defendants Settle FTC-Alleged TSR Violations

A call center and three (3) individuals associated with a telemarketing effort on behalf of Grand Bahama Cruise Line LLC (“GBCL”) recently settled alleged TSR violations of the Telemarketing Sales Rule (“TSR”) with the Federal Trade Commission (“FTC”).  The FTC intends to litigate this matter against the remaining seven (7) defendants in federal court, including

Cruise Company Defendants Settle FTC-Alleged TSR Violations Read More »

FTC Files Lawsuit for Widespread Telemarketing Law Violations

June 11, 2018 The Federal Trade Commission (“FTC”) recently filed a lawsuit in connection with violations of federal telemarketing law and related conduct that allegedly began as early as 2001.  The FTC sued an enterprise of entities and their owners, which it claims are recidivist violators of federal telemarketing laws, having been subpoenaed, investigated, and

FTC Files Lawsuit for Widespread Telemarketing Law Violations Read More »

FTC Settles Telemarketing Sales Rule Claim for $2.3 Million

November 3, 2016 On November 1, 2016, the Federal Trade Commission (“FTC”) announced its settlement with a “collection of entities” known as Consumer Education Group (“CEG”) for alleged violations of the Telemarketing Sales Rule (the “TSR”).  The settlement imposes a $2,339,687.00 penalty against CEG, but due to financial considerations, CEG will only be required to

FTC Settles Telemarketing Sales Rule Claim for $2.3 Million Read More »