January 18, 2017

robocall-lawsuitLast Friday, the Federal Trade Commission (“FTC”) announced settlements in two separate robocall lawsuits commenced against businesses and their respective principals for the alleged placement of telemarketing calls to numerous consumers on the National Do Not Call Registry.  Most of the defendants in the two robocall lawsuits have agreed to court orders permanently banning them from making robocalls, calling numbers listed on the National Do Not Call Registry, and otherwise violating the Telemarketing Sales Rule.

Is the FTC Targeting Businesses that Make Robocalls?

In the robocall lawsuits, the FTC alleged that the various defendants placed millions of unlawful robocalls in 2012 and 2013, to consumers who had registered their respective phone numbers on the National Do Not Call Registry.  According to the FTC, in just one week in July 2012, the defendants placed more than 1.3 million unlawful calls to consumers nationwide, 80% of whom had registered their numbers with the National Do Not Call Registry.  Monetary judgments were entered, totaling over $11.3 million between the two lawsuits.

Protect Yourself from a Robocall Lawsuit

We previously blogged about an FTC settlement reached in a similar action for $2.3 million.  The FTC’s pursuit of robocall lawsuits should serve as a cautionary tale for businesses that engage in telemarketing.  As such, it is important that businesses consult with knowledgeable counsel concerning applicable federal and state laws, rules and regulations before engaging in any telemarketing campaign.

If you are interested in learning more about this topic, please visit the Telemarketing Law practice area of our website.  If you have been served with process concerning your telemarketing practices in general, please e-mail us at info@kleinmoynihan.com or call us at (212) 246-0900.

The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney.  Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.

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