CommLaw Monitor

FTC Announces Two Telemarketing Cases

Thu, 19 Jan 2017 16:26:10 -0500

On January 13, 2017, the Federal Trade Commission (FTC) announced that it filed two lawsuits against more than a dozen individual and corporate defendants allegedly coordinated by two individuals. In the complaints, the FTC alleges multiple violations of the FTC’s Telemarketing Sales Rule (TSR). Specifically, the complaints allege that over a period several years, the defendants made unauthorized prerecorded calls using auto-dialer software to consumers throughout the U.S. in an attempt to sell or generate leads for goods or services such as extended auto warranties, search engine optimization services, and home security systems. The FTC contends that these actions violated the TSR’s prohibition against abusive telemarketing acts or practices and initiating or causing the initiation of unlawful prerecorded messages. The complaints further claim that many of these calls were made to phone numbers on the national Do Not Call Registry, which is a separate TSR violation.

The FTC has asked the court in each case to impose injunctive relief and unspecified monetary relief against the defendants. The FTC’s press release announcing the actions notes that several of the named defendants have agreed to settle with the FTC, agreeing to a permanent ban on making autodialed calls and to settlement payments of more than $10 million (although almost all of the judgment amounts are suspended due to the settling parties’ inability to pay).

These actions, coupled with the Federal Communications Commission’s continued focus on enforcing the Telephone Consumer Protection Act, serve as a reminder to companies that engage in telemarketing that compliance with the relevant laws and regulations is key in order to avoid unwanted attention from both state and federal law enforcement and regulatory agencies.

Insights from Kelley Drye's 4th Annual Privacy Seminar

Thu, 23 Feb 2012 10:01:08 -0500

On February 16, 2012, Kelley Drye & Warren LLP hosted the seminar and audiocast, “Privacy in 2012: What to Watch Regarding COPPA, Mobile Apps, and Evolving Law Enforcement and Public Policy Trends.” The seminar highlighted regulatory and legislative developments in privacy and information security during the past year, with an emphasis on children's online privacy and mobile applications.

Peter Swire, a professor at The Ohio State University Michael E. Moritz College of Law and a Senior Fellow with the Center for American Progress, opened the seminar with a keynote address that gave historical context to the most recent regulatory efforts addressing consumer privacy. Professor Swire’s remarks were followed by two panel sessions that included six experts representing key industry representatives and the federal agencies integral to recent privacy initiatives. The first panel discussed children's online privacy and the Federal Trade Commission’s proposed revisions to the Children's Online Privacy Protection Rule. The second panel discussed various consumer privacy enforcement and regulatory initiatives relating to mobile apps.

For more on the seminar, including a synopsis of key takeaways, see the Kelley Drye client advisory. An audio recording of the full program is also available.

'Big Three' Weigh in on Online Privacy: FTC, FCC and NTIA Testify at Privacy Hearing

Thu, 21 Jul 2011 10:21:42 -0400

On July 14, 2011, a joint House Energy and Commerce Subcommittee hearing focused on online privacy policy and perspectives of the ‘big three’ federal agencies with potential jurisdiction over online privacy – the Federal Trade Commission (FTC), the Federal Communications Commission (FCC), and the National Telecommunications and Information Administration (NTIA). The hearing, Internet Privacy: The Views of the FTC, the FCC, and NTIA, offered a comprehensive review of the state of online consumer privacy and the appropriate industry and government response to developments in online behavioral advertising and tracking. The hearing comes on the heels of a flurry of online privacy and data security legislation introduced in recent weeks and months. Witnesses included FCC Chairman Julius Genachowski, FTC Commissioner Edith Ramirez and NTIA Administrator Lawrence E. Strickling.

The hearing touched on issues including the economic impact of privacy regulation, defining the harms caused by data collection, agency jurisdiction and authority, protecting children, data security, and social networking. Click here for more detail regarding the major themes discussed at the hearing, which expanded the growing legislative record on online privacy and security.

Insights from Kelley Drye's 3rd Annual Privacy Seminar

Tue, 01 Feb 2011 12:03:01 -0500

On January 21, 2011, Kelley Drye & Warren hosted the seminar and audiocast, "Privacy By Design, Choice, and Transparency: What a New Framework Will Mean for Business and Technology." The seminar highlighted key regulatory and legislative developments in privacy and information security law during the past year.

Click here to listen to the audio recording.

Six experts representing the federal agencies and policymakers integral to recent privacy initiatives spoke during two separate panel sessions. The first panel reviewed and expanded upon the separate privacy frameworks released in December 2010 by the Federal Trade Commission and the U.S. Department of Commerce. The second panel included FCC representatives and featured a discussion on the confluence of privacy policy and broadband adoption, along with perspectives on the privacy themes of greatest interest to the new Congress. Click here to read an overview of the key takeaways from each panel.