Lead Generation
Online lead generation is the process of connecting consumers that are interested in goods or services with the merchants or providers that provide them. It is a highly-regulated marketing method and involves the collection and use of consumer data by lead generators, lead aggregators and product/service providers via various digital channels.
The FTC, CIDs and Tolling Agreements
The Federal Trade Commission Bureau of Consumer Protection welcomes an open dialogue with parties cooperating with its investigations. According to FTC attorneys, such dialogue allows the agency to make more informed decisions on whether to recommend an enforcement action and, if so, whether such an action can be resolved without the need for protracted litigation.…
Read Article...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…
Read Article...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…
Read Article...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…
Read Article...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…
Read Article...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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