On June 5, 2017, an Illinois federal court ordered satellite television provider Dish Network LLC (“Dish”) to pay a record $280 million in civil penalties for violations of the FTC’s Telemarketing Sales Rule (“TSR”), the Telephone Consumer Protection Act (“TCPA”) and state law. In its complaint, the FTC alleged that Dish initiated, or caused a telemarketer to initiate, outbound telephone calls to phone numbers listed on the Do Not Call Registry, in violation of the TSR. The complaint further alleged that Dish violated the TSR’s prohibition on abandoned calls and assisted and facilitated telemarketers when it knew or consciously avoided knowing that telemarketers were breaking the law. Continue Reading Federal Court Imposes Record Fine on TV Provider for Do Not Call Violations
On November 1, 2016, the FTC announced that a group of entities known as the Consumer Education Group (“CEG”) settled FTC charges that, between late 2013 and 2015, it made millions of telemarketing calls, including pre-recorded robocalls, to consumers on the national Do Not Call (“DNC”) Registry, in violation of the Telemarketing Sales Rule (“TSR”). Continue Reading FTC Announces Settlement Over Illegal Telemarketing Calls
On June 1, 2016, a new do-not-call list (the “BLOCTEL list”) was implemented in France. French residents who do not wish to receive marketing phone calls may register their landline or mobile phone number online at www.bloctel.gouv.fr.
On January 21, 2015, the Federal Trade Commission announced that the U.S. District Court for the Central District of Illinois granted partial summary judgment on December 12, 2014, to the federal government in its action against Dish Network LLC (“Dish”), alleging that Dish violated certain aspects of the Telemarketing Sales Rule (“TSR”) that restrict placing calls to numbers on the National Do-Not-Call Registry and an entity’s internal Do-Not-Call list. The federal government is joined in the action against Dish by four state attorneys general alleging violations of the Telephone Consumer Protection Act and certain state laws related to telemarketing.
On September 24, 2013, the Singapore Personal Data Protection Commission (the “Commission”) published guidelines to facilitate implementation of the Singapore Personal Data Protection Act (the “PDPA”). The Advisory Guidelines on Key Concepts in the Personal Data Protection Act and the Advisory Guidelines on the Personal Data Protection Act for Selected Topics provide explanations of concepts underlying the data protection principles in the PDPA, and offer guidance on how the Commission may interpret and apply the PDPA with respect to certain issues (e.g., anonymization, employment, national identification numbers). The guidelines are advisory only; they are not legally binding.
On May 9, 2013, the Federal Communications Commission (“FCC”) released a declaratory ruling clarifying the liability of a seller for violations of the Telemarketing Consumer Protection Act (“TCPA”) made by third-party telemarketers and others who place calls to market the seller’s products or services.
On March 20, 2012, the UK Information Commissioner’s Office announced that it has issued a monetary penalty of £90,000 against DM Design Bedrooms Ltd. (“DM Design”) for making thousands of unwanted marketing calls.
On October 15, 2012, the Singapore Parliament passed the Personal Data Protection Act 2012. Though a law has been under discussion for quite some time, this bill was introduced before Parliament only recently, in September of this year. The new law will apply only to data processing in the private sector as data processing by public agencies (or organizations acting on behalf of public agencies) are already subject to internal government rules. Reportedly, the bill will become law in January 2013, enforceable after 18 months, in mid-2014.
On August 23, 2012, the Federal Trade Commission announced that it had filed suit against DISH Network LLC (“DISH Network”) alleging violations of the FTC’s Telemarketing Sales Rule (“TSR”). The FTC’s complaint claims that DISH Network is a “seller” and “telemarketer” as such terms are defined by the TSR because the company sells satellite television programming to consumers and also markets its programming through a variety of methods, including telemarketing. According to the complaint, since September 2007, DISH Network has engaged in initiating millions of outbound telephone calls (directly and through authorized dealers) to phone numbers of individuals who have previously stated that they do not wish to be contacted by or on behalf of DISH Network. Accordingly, the FTC argued that DISH Network violated the TSR’s entity-specific Do-Not-Call Rule even if the affected individuals were not on the national Do Not Call list.
Read previous coverage of FTC settlements against telemarketing companies for violations of the TSR.
On December 2, 2010, discussions about privacy continued at a hearing on “Do Not Track Legislation: Is Now the Right Time?” held by the U.S. House of Representatives Committee on Energy and Commerce, Subcommittee on Commerce, Trade and Consumer Protection. The hearing focused on a variety of consumer privacy issues, including the implications and challenges of a Do Not Track mechanism, the consumer’s desire for more control over the collection and use of their data and tracking practices, and the need to preserve an advertising supported Internet that promotes economic growth through online business.