Consumer Protection
Consumer protection laws and regulations exist so that government agencies are able to protect the rights of consumers. The Federal Trade Commission’s Bureau of Consumer Protection is charged with enforcing and investigating (CIDs) unfair, deceptive and fraudulent business practices, and educating consumers about their rights.
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FCC Publishes Final Single Seller Lead Generation Consent Rule in Federal Register
The Federal Communications Commission has published its new rule designed, in part, to close the lead generator loophole by amending the definition of “prior express written consent” for purposes of the Telephone Consumer Protection Act. Lead generators take note. With the exception of provisions relating to combating robotext sources such as text message blocking, the…
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Hinch Newman Included on Prestigious List of 2023 Most Popular Reads
On December 28, 2023, JD Supra, a leading source of legal intelligence, announced its “Spotlight on: The FCC – 2023 Popular Reads.” The Spotlight includes a recap of some of the most widely read FCC-related updates, analysis and commentary published on JD Supra throughout 2023. The January 2023 article authored by Richard B. Newman entitled…
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FCC ADOPTS NEW RULE TO CLOSE THE LEAD GENERATOR ROBOCALL AND ROBOTEXTS LOOPHOLE
On December 13, 2023, the Federal Communications Commission adopted new rules designed to protect consumers from “scam communications” by directly addressing some of the “biggest vulnerabilities” in America’s robotext defenses and closing the “lead generator” robocall/robotexts loophole. The new rules allow blocking of “red flagged” robotexting numbers, codifies Do-Not-Call rules for texting, and encourages an…
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Lead Generation Industry to be Turned on Head: Proposed FCC Rule Requires Consent Must be Secured From a Single Seller at a Time
One of the key issues relating to the NPRM pertains to consent being sent directly to/obtained by one seller at a time. The FCC has now circulated its proposed rule. It has not been adopted yet but it looks like it will be in December when voted upon. It looks like the rule will become effective…
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Google Announces New Requirements for Bulk Email Senders to Gmail
On October 3, 2023, Google released an announcement entitled “New Gmail protections for a safer, less spammy inbox.” By February 2024, Google will require bulk senders to authenticate their emails, allow for easy unsubscription and stay under a reported spam threshold. “…[T]oday, we’re introducing new requirements for bulk senders — those who send more than…
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Richard B. Newman Quoted in Cybersecurity Law Report on Xbox and Alexa COPPA Case Lessons: Avatars, Biometrics and Other New Expectations
FTC advertising compliance and defense lawyer Richard B. Newman was recently quoted in an article for Cybersecurity Law Report titled “Xbox and Alexa COPPA Case Lessons: Avatars, Biometrics and Other New Expectations.” The article discusses the FTC’s recent privacy enforcement run and how it reinforces regulators’ expanding expectations for companies using video and audio recordings, smart…
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