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Focus on Regulation

Tag Archives: telemarketing

Seventh Circuit Joins Third and Eleventh Circuits in “Autodialer” Circuit Split

The U.S. Courts of Appeal increasingly agree on how to interpret the definition of “automatic telephone dialing system” (“ATDS” or “autodialer”) in the Telephone Consumer Protection Act (“TCPA”). The Seventh Circuit held that an “autodialer” must use “a random or sequential number generator” to either store or produce numbers.

FTC Closes PayPal Investigation Over Telemarketing Rule and User Agreement

The Federal Trade Commission (FTC) has released a copy of a letter that it sent to PayPal stating that the agency was closing an investigation into potential Telemarketing Sales Rule (TSR) violations by the company.  This release provides important insights on how companies can design their user agreements to avoid TSR violations. As background, PayPal

FTC Extends Deadline for TSR Comments

Today, the Federal Trade Commission (FTC) announced an extension of the deadline for comments on its Telemarketing Sales Rule (TSR).  The new comment deadline is November 13, 2014.  Among the issues the FTC is seeking comment on are whether the TSR’s pre-acquired account information provisions should be modified; what impact, if any, the increasing use

Significant Changes in Telemarketing Rules Go Into Effect on October 16, 2013

Businesses that use automated technologies to place telemarketing calls and messages have just over a month to assess and revise their current calling practices to avoid the risk of expensive, time-consuming lawsuits under new Telephone Consumer Protection Act (TCPA) rules enacted by the Federal Communications Commission (FCC).