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05/30/2013 at 05:41:41 PM
You’re probably aware of rulings issued by the Federal Communications Commission, Seventh and Eleventh Circuits, holding that businesses are liable for autodialed calls and texts sent to wrong or reassigned numbers. We previously discussed how these rulings, combined with the lack of an authoritative database of reassigned numbers, make it impossible for businesses to comply with the TCPA if making calls or sending texts using an automatic telephone dialing system.
The FTC recently submitted a staff comment to the FCC regarding proposed amendments to FCC regulations limiting robocalls to consumers. The amendments raise concerns for consumer protection among FTC staffers, implementing new changes in laws allowing robocalls to collect debt owed to the federal government without a consumer’s prior consent. The FTC comment advises the creation of government debt collecting standards that are consistent with other FTC enforced laws.
On May 6, 2016, the FCC released a Notice of Proposed Rulemaking implementing amendments to the TCPA adopted by Congress in the Bipartisan Budget Act of 2015 (aka The Budget Act).The Budget Act exempts calls made solely to collect a debt owed to or guaranteed by the United States from certain TCPA provisions, including the restrictions on calls to cell phones; requires the FCC to adopt regulations to implement the TCPA amendments; and authorized the FCC to adopt regulations to restrict or limit the number and duration of permissible government-back debt collection calls. The FCC proposes to limit the exemption to calls made to obtain payment after the borrower is delinquent or “debt servicing” calls made by or on behalf of the creditor.
Just because they are running for office does not mean this year’s presidential candidates are exempt from being TCPA compliant when making campaign calls.
Touted as one of the most successful federal programs, the National Do-Not-Call Registry was established in 2003 to protect consumers from telemarketing calls by giving them an opt-out mechanism. To date, there are over 222 million Americans registered for the Do Not-Call list and in 2015, an additional 4.9 million phone numbers were added. As the list continues to grow year over year, the FTC and FCC are continuing to crack down on robocalls and telemarketers who fail to abide by regulations. Unfortunately, many companies today are learning the consequences of illegal telemarketing after they’ve been slapped with hefty fines and suffered brand damage as a result.
The Federal Trade Commission (FTC) is required under the Do Not Call (DNC) Registry Fee Extension Act of 2007 to prepare a biennial report on the National DNC Registry. The FTC recently released its report for the 2014 and 2015 fiscal years. The DNC Registry report summarizes the current operations, new telecommunication technologies, and the established business relationship exemption to the FTC’s enforcement efforts.
For businesses who rely on the use of telephones to reach prospects and customers, it’s critical that you familiarize yourself with the current regulations surrounding automatic telephone dialing systems (ATDs).
Please be aware of the following US holiday and Canadian Marketing Association (CMA) member holiday telephone solicitation bans for the month of December.
Last week, the Information Commissioner's Office (ICO) handed Glasgow-based Home Energy & Lifestyle Management Ltd (Helms) a record-breaking £200,000 fine for making six million unwanted telemarketing calls, in violation of UK Do Not Call laws, regarding the giveaway of solar panels. The company was originally investigated after 242 consumer complaints were reported in a two month window.
Boston, Mass. – October 2, 2015 — Gryphon Networks, a leader in sales intelligence and marketing compliance services, today announced the appointment of Melissa Bateman Fitzgerald as General Counsel.
Please be aware of the following telephone solicitation bans for the month of October.
Please be aware of the following holidays requiring a US holiday telephone solicitation ban, as well as the following Canadian Marketing Association (CMA) member holiday telephone solicitation bans for the month of September.
Yesterday, the Federal Communications Commission (FCC) reported their largest fine yet for violating the TCPA’s prerecorded advertising call (a form of ‘robocalling’) regulations. Travel Club Marketing was accused of making 142 telemarketing calls to individuals’ cellphones and landlines, most of whom were on the National Do Not Call Registry. As a result, Travel Club will have to pay $2.96 million for their unsolicited calls.
Please be aware of the following holidays requiring a US holiday telephone solicitation ban, as well as the Canadian Marketing Association (CMA) member holiday telephone solicitation bans for the month of August:
As we reported earlier this month, the CRTC has issued its first fine of $1.1 million under the newly enacted Canadian Anti-Spam Law (CASL).
Since the Canadian Anti-Spam Legislation (CASL) took effect in July 1st, 2014, it’s been a waiting game for North American Marketers to see who would be the first in violation of this new regulation.
Do you ever wonder why you continue to receive automated political telephone calls despite having put your name on both the state and national Do-Not-Call lists? Well the answer is simple – since it’s the politicians making the laws, they have tended to exempt themselves from telemarketing regulations.
Please be aware of the following US and Canadian holiday telephone solicitation ban for the month of March.
For years, simply utilizing Do-Not-Call compliance solutions or recording customer interactions was enough to navigate regulatory waters and avoid TCPA, FCC, and CFPB lawsuits. Recently, however, regulators have caught on to the many businesses failing to comply despite having purchased technology.
While businesses are facing an all-time high in Telephone Consumer Protection Act (TCPA) lawsuits, more than fifteen (15) Senators this week pushed federal regulators to reject petitions that could provide exemptions to companies that have legitimate business purpose to use auto-dialers when trying to reach consumers’ cell phones.
Since the Consumer Financial Protection Bureau (CFBP) was founded in 2011, the Financial Industry continues to face scrutiny surrounding debt collection. According to the CFPB’s 2014 annual consumer complaint report, there were 163,000 complaints in 2013, which was 80% more than when it first started 4 years ago.
It’s a fact - businesses today depend on outbound marketing to grow revenue. Yet, as more and more Do-Not-Call regulations are passed each year and more and more individuals add their names to the National Do-Not-Call registry, marketing to consumers is only getting harder.
Who wouldn’t want to prevent their regular sales forecasting process from turning into a nightmare of making best guesses from incomplete CRM data?
There was only standing room available at a panel presentation “CASL: Final Word from the Regulators” during the International Association of Privacy Professionals’ (IAPP’s) Canada Privacy Symposium last week. Representatives from the Canadian Radio-television and Telecommunications Commission (CRTC), one of the three bodies responsible for enforcing CASL, answered questions, but provided few additional details and instead had a simple message: get ready.
As we previously reported last year, Edward Jones has been under investigation from the New Hampshire Bureau of Securities Regulation (BSR) for making almost 20,000 calls to numbers registered on the National Do Not Call Registry over a two-year period. Edward Jones faced a $3,000,000 fine. Yesterday, the BSR announced Edward Jones would be fined $750,000 as part of a consent order with the national financial broker with 58 offices in New Hampshire.
If you are a consumer debt collection firm or hire these firms and are uncertain about how regulations governing outbound collection calls have changed since the Consumer Financial Bureau (CFPB) began monitoring the industry, and the recent revisions to the Telephone Consumer Protection Act (TCPA), brace yourself. And, there are more changes likely at the federal level.
While it is certainly possible to build in-house a Do Not Call compliance solution, there are several reasons why doing so is not in the best interest of your business.
Today, there are countless regulations with which financial service firms are required to comply simply to conduct business legally in the United States. Managing marketing compliance is becoming increasingly complicated, but also increasingly important, in the post-Dodd-Frank world.
The Consumer Financial Protection Bureau expanded its consumer complaints database this spring – both in the scope of complaints it will take and in the other government agencies it will share the data with – and now offers an online company portal where businesses can view complaints about their company, if they register with the CFPB.
Gryphon's technology is protected by the following US patents:6130937, 6788773, 6330317, 7158630, 7194075, 7574471, 8005200, 8050394, 8249232, 8385524, 8499027, 8526428, 8572113, 8635428, 8732190, 20070136789