Tag: Do Not Call

The Federal Trade Commission took action against payment processing company First American Payment Systems and two of its sales affiliates for targeting small- and medium-sized businesses. The FTC alleges that the defendants made false claims about fees and cost savings to lure merchants, many of whom had limited English proficiency. Once merchants were enrolled, the defendants withdrew funds from their accounts without their consent, and made it difficult and expensive for them to cancel the service. Under a proposed federal court order, the defendants will be required to return $4.9 million to harmed businesses, stop their deception, and make it easier for merchants to cancel their services. 

On January 2, 2024, the Department of Justice on referral from the FTC filed a complaint alleging that California-based lead generator Response Tree LLC and its president, Derek Thomas Doherty operated more than 50 websites designed to trick consumers into providing their personal information for supposed mortgage refinancing loans and other services. These telemarketing campaigns, which made robocalls and calls to numbers on the DNC Registry, were illegal, as the telemarketers did not have consumers’ consent to be called.

Under a proposed order settling the FTC’s charges, Response Tree and Derek Thomas Doherty will be banned from making or assisting anyone else in making robocalls or calls to phone numbers on the FTC’s Do Not Call (DNC) Registry.

The Federal Trade Commission has charged a telemarketing operation and its owners with making millions of illegal, unsolicited calls about educational programs to consumers who submitted their contact information to websites promising help with job searches, public benefits, and other unrelated programs. 

In early September 2023, a federal judge in Illinois ruled in the FTC’s favor, finding that the defendants made millions of illegal, unsolicited calls to consumers on the Do Not Call Registry. In granting summary judgment, the court found that the FTC was entitled to both injunctive relief and civil penalties and has scheduled a hearing to determine the amount of the civil penalty award and the scope of injunctive relief.

A federal district court entered final orders against a telemarketing company and its owners, who made millions of illegal, unsolicited calls to people that were registered on the Do Not Call Registry. The court ordered the defendants to pay $28.7 million in civil penalties and permanently banned the defendants from participating in telemarketing or assisting and facilitating others engaged in telemarketing to consumers.

The FTC sued to stop a Voice over Internet Protocol (VoIP) provider, XCast Labs, Inc., that continued to funnel hundreds of millions of illegal robocalls through its network, even after receiving multiple warnings.

On January 2, 2024, XCast Labs, Inc., agreed to settle Federal Trade Commission charges that it funneled hundreds of millions of illegal robocalls through its network, even after receiving multiple warnings about the unlawful conduct.

Under the proposed court order, XCast Labs will be required to implement a screening process and end its relationships with firms that are not complying with telemarketing-related laws. The Department of Justice litigated the case and filed the proposed order on the FTC’s behalf.