Questions & Answers

What are the Penalties in the Telecommunications Act of 1996?

What are the Penalties in the Telecommunications Act of 1996? Plaintiff may obtain an injunction, recover actual damages or five hundred dollars ($500) per incident, whichever is greater. If the defendant acted intentionally, the court may award three times the amount of damages. For more...

What Information Must Sellers and Telemarketers Provide to Consumers?

What Information Must Sellers and Telemarketers Provide to Consumers? Sellers and Telemarketers Must Disclose Material Information The TSR requires sellers and telemarketers, whether making outbound calls to consumers or receiving inbound calls from consumers, to provide certain material...

What is a Robocall?

What is a Robocall? A robocall is a phone call that uses an “auto dialer” system to deliver a pre-recorded telemarketing message. These materials were obtained directly from the Federal Government public websites and are posted here for your review and reference only. No Claim to Original U.S...

What is a Telemarketing Call?

What is a Telemarketing Call? Telemarketing calls include those made by advertisers that offer or market products/services to consumers. Purely informational calls and calls for non-commercial purposes are exempt from the FCC’s regulations. These materials were obtained directly from the Federal...

What is an Autodialed Call?

What is an Autodialed Call? An autodialed call is a phone call, involving a live person or pre-recorded message, that is placed using an “auto dialer,” or automatic telephone dialing system, that can produce, store and call telephone numbers using a random or sequential number generator. The...

What is the Do-Not-Call Registry Act of 2003?

What is the Do-Not-Call Registry Act of 2003? This Act authorizes the FTC under section 3(a)(3)(A) of the Telemarketing and Consumer Fraud and Abuse Prevention Act, 15 U.S.C. § 6102(a)(3)(A), to implement and enforce a do-not-call registry. The Act also ratified the do-not-call registry provision...

What is the FTC Summary of Recommendations to Mobile Carriers & Merchants?

What is the FTC Summary of Recommendations to Mobile Carriers & Merchants? Here is the FTC summary of the recommendations to mobile carriers, merchants who offer goods and services charged directly to mobile phone bills, and billing intermediaries known as aggregators who facilitate the...

What is the Guidance from the FTC on Text Messages?

What is the Guidance from the FTC on Text Messages? In addition to FTC enforcement of deceptive practices under the FTC Act, text message marketing is also highly regulated by the Federal Communications Commission (“FCC”). Under the CAN-SPAM Act, sending unsolicited commercial text messages is...

What Rules Must a Company Follow if it Sells Goods or Services Over the Telephone?

What Rules Must a Company Follow if it Sells Goods or Services Over the Telephone? As with any other form of advertising or promotion, claims made through telemarketing must be truthful and substantiated. In addition, the FTC’s Telemarketing Sales Rule applies to transactions involving the use of...

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