As we previously reported, section 301(b) of the Bipartisan Budget Act of 2015 permits an exception to the Telephone Consumer Protection Act of 1991 for calls and text messages “made solely to collect a debt owed to or guaranteed by the United States.” The TCPA generally prohibits calls made and text messages sent utilizing
Regulatory Enforcement + Compliance
FTC and Maine Attorney General Action Against Weight Loss Supplement Sellers Results in Joint $16.4 Million Settlement
The FTC and Maine Office of the Attorney General recently announced a joint settlement with two Portland–based sellers of weight loss supplements. The joint complaint filed in the United States District Court for the District of Maine alleged that Anthony Dill, his wife Staci Dill, and their two companies, Direct Alternatives and Original …
ASUS Settles with FTC Over Router Security
In February, the FTC settled claims against Taiwan-based computer hardware maker ASUSTek Computer, Inc. over allegations the company misled consumers about the security of its routers and cloud services. ASUS routers are used primarily in private homes to establish internet connections for personal devices such as laptops, tablets, and phones. The cloud services were provided…
Coalition of State Attorneys General Urges Passage of the HANGUP Act
As we previously reported, on November 4, 2015, U. S. Senator Edward Markey (D-Mass.) introduced the Help Americans Never Get Unwanted Phone calls Act of 2015—or HANGUP Act for short. The legislation, which has 14 Democratic co-sponsors, would repeal section 301(b) of the Bipartisan Budget Act of 2015, which …
Toyota Resolves CFPB/DOJ Joint Action Alleging Discriminatory Loan Practices
On February 2, following a joint investigation of the Consumer Financial Protection Bureau and the Civil Rights Division of the Department of Justice, Toyota Motor Credit Corporation, the financing arm and subsidiary of the Japanese auto giant, agreed to pay up to $21.9 million in restitution to thousands of minority borrowers who allegedly were charged …
Payment Processor Charged with Participating in Telemarketing Scheme Settles with FTC
The Federal Trade Commission announced today that it had agreed to settle charges against Capital Payments LLC (now known as Bluefin Payment Systems, LLC), for its alleged involvement with The Tax Club, a group of entities engaged in fraudulently telemarketing development services, including business formation, counseling, credit development, and marketing to individuals seeking to establish …
FTC Unveils Upgrades to IdentityTheft.gov
The Federal Trade Commission recently unveiled significant enhancements to its online portal designed to help victims recover from identity theft. Victims can now file a complaint with the FTC at identitytheft.gov and get a free, personalized identity theft recovery plan. The upgraded site comes in response to an October 2014 executive order issued by President …
Join Us for a Complimentary Webinar on “The Telemarketing Sales Rule and Third Party Payment Processors”
We are pleased to announce that Troutman Sanders partners Keith Barnett and Stephen Piepgrass will participate in a webinar entitled “The Telemarketing Sales Rules and Third Party Payment Processors” on Tuesday, January 26 at 12:00 noon EST.
The Federal Trade Commission and Consumer Financial Protection Bureau have initiated many investigations and enforcement actions against …
FTC and Florida Seek Redress Against Credit Card Payment Processor for Role in Telemarketing Debt Relief Scam
In late December, the Federal Trade Commission and Florida Attorney General filed an amended complaint in an action pending in the United States District Court for the Middle District of Florida that charged nine defendants with violations of the Federal Trade Commission Act, the Telemarketing and Consumer Fraud and Abuse Prevention Act (“Telemarketing Act”), the …
In New Plot Twist, Appellate Court Allows FanDuel and DraftKings to Operate in New York; A.G. Seeks Restitution of all Funds Obtained from Consumers
The battle between New York Attorney General Eric Schneiderman and daily fantasy sports companies, FanDuel and DraftKings, continues. On January 11, the First Department of the Appellate Division of the New York Supreme Court allowed the sites to operate while FanDuel and DraftKings appeal a lower court’s order to shut them down. The First Department…