16 C.F.R. § 310.4 - Abusive telemarketing acts or practices

Cite as16 C.F.R. § 310.4
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268 practice notes
  • Federal Trade Commission,
    • United States
    • Federal Register January 30, 2002
    • January 30, 2002
    ...and prohibits credit card laundering and other forms of assisting and facilitating deceptive telemarketers.\14\ \7\ 60 FR 43843. \8\ 16 CFR 310.4(d). \9\ 16 CFR \10\ 16 CFR 310.3(a)(3). \11\ 16 CFR 310.4(c), and 310.4(b)(1)(ii). \12\ 16 CFR 310.3(a)(2). \13\ 16 CFR 310.4(a)(2)-(4). \14\ 16 ......
  • Part II
    • United States
    • Federal Register February 22, 2010
    • February 22, 2010
    ...in Sec. 226.52(a)(3). As an example of a provision of law limiting the payment of advance fees, proposed comment 52(a)(3)-1 cited 16 CFR 310.4(a)(4), which prohibits any telemarketer or seller from ``[r]equesting or receiving payment of any fee or consideration in advance of obtaining a loa......
  • Telemarketing Sales Rule
    • United States
    • Federal Register December 14, 2015
    • December 14, 2015
    ...nature of the goods or services being offered; and (4) in the case of prize promotions, that no purchase or payment is necessary to win. 16 CFR 310.4(d). Telemarketers also must disclose, in any telephone sales call, the cost of the goods or services and certain other material information. ......
  • Telemarketing sales rule,
    • United States
    • Federal Register January 29, 2003
    • January 29, 2003
    ...and other forms of assisting and facilitating fraudulent telemarketers.\15\ \8\ 60 FR at 43842 (codified at 16 CFR 310 (1995)). \9\ 16 CFR 310.4(d). \10\ 16 CFR \11\ 16 CFR 310.3(a)(3). \12\ 16 CFR 310.4(c), and 310.4(b)(1)(ii). \13\ 16 CFR 310.3(a)(2). \14\ 16 CFR 310.4(a)(2)-(4). \15\ 16 ......
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156 cases
  • Consumer Fin. Prot. Bureau v. Morgan Drexen, Inc., Case No. SACV 13–1267–JLS JEMx.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Central District of California
    • January 10, 2014
    ...on these and other allegations, the Complaint asserts six counts, four for violations of both the Telemarketing Sales Rule (“TSR”), 16 C.F.R. § 310, and the Consumer Financial Protection Act (“CFPA”), 12 U.S.C. §§ 5531, 5536(a)(1) (counts 1–4), and two solely for violations of the CFPA (cou......
  • Mainstream Marketing Services, Inc. v. F.T.C., No. 03-1429.
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • February 17, 2004
    ...the Federal Communications Commission (FCC) — promulgated rules that together Page 1234 created the national do-not-call registry. See 16 C.F.R. § 310.4(b)(1)(iii)(B) (FTC rule); 47 C.F.R. § 64.1200(c)(2) (FCC rule).4 The national do-not-call registry is a list containing the personal telep......
  • National Federation of the Blind v. F.T.C., No. 04-1378.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • August 26, 2005
    ...to telefunders. Five such provisions are being challenged here: (1) prohibitions on placing calls before 8:00 a.m. or after 9:00 p.m., 16 C.F.R. § 310.4(c); (2) prohibitions on "abandoned calls" (a call is abandoned when a person at home answers the phone and is not connected to a telemarke......
  • Mims v. Arrow Fin. Servs., LLC., No. 10–1195.
    • United States
    • United States Supreme Court
    • January 18, 2012
    ...The National Do Not Call Registry is currently managed by the Federal Trade Commission. See 15 U.S.C. § 6151 (2006 ed., Supp. IV) ; 16 CFR § 310.4(b)(1)(iii) (2011).4 The TCPA envisions civil actions instituted by the Commission for violations of the implementing regulations. See 47 U.S.C.A......
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33 firm's commentaries
  • Supreme Court Decision in TCPA Telemarketer Claims
    • United States
    • JD Supra United States
    • January 18, 2012
    ...3The National Do Not Call Registry is currently managed by the Federal Trade Commission. See 15 U. S. C. §6151 (2006 ed., Supp. IV); 16 CFR §310.4(b)(1)(iii) (2011). 4The TCPA envisions civil actions instituted by the Commission for Cite as: 565 U. S. ____ (2012) 5 Opinion of the Court Titl......
  • Redial: 2020 TCPA Year-in-Review - Analysis of critical issues and trends in TCPA compliance and litigation
    • United States
    • JD Supra United States
    • March 26, 2021
    ...18 months, or (b) the consumer inquired about the seller’s goods/services within the previous three months.1 47 C.F.R. § 64.1200(d).2 16 C.F.R. § 310.4(b)(iii)(B)(2).3 47 C.F.R. § 64.1200(c)(2).State DNC rules can vary, however, on the scope of the EBR exception. Although many state laws ar......
  • Current Developments in Bank Deposits and Payment Systems (Spring 2020)
    • United States
    • JD Supra United States
    • May 14, 2020
    ...and Other Equitable Relief,FTC v. Interbill, Ltd., No. CV-S-01644-JCM-PAL (D. Nev. Apr. 30, 2009).15. 15 U.S.C. § 45 (2018).16. 16 C.F.R. § 310 (2019).17. Priority Final Order, supra note 13, at 4.18. Id.at5.19. Stipulated Order for Permanent Injunction and Monetary Judgment, FTC v. Avant, ......
  • Can You Keep Up? Emergence of CFPB and Significant Developments Transform Consumer Finance Landscape
    • United States
    • JD Supra United States
    • March 21, 2014
    ...implicated the Federal Trade Commission Telemarketing Sales Rule (TSR). The TSR also prohibits “abusive” telemarketing practices. See 16 C.F.R. § 310.4. Two other actions against debt-relief companies are presently pending, which arise out of the TSR, and the CFPB has also filed complaints ......
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3 books & journal articles
  • Do Not Knock? Lovell to Watchtower and Back Again
    • United States
    • Capital University Law Review Nbr. 38-3, May 2010
    • May 1, 2010
    ...U.S. 376, 385 (1973))). 44 See Alex Kozinski & Stuart Banner, Who’s Afraid of Commercial Speech? , 76 VA. L. REV. 627, 631 (1990). 45 16 C.F.R. § 310.4(b)(1)(iii)(B) (2009). 46 358 F.3d 1228, 1246 (10th Cir. 2004). 47 See Edward J. Schoen & Joseph S. Falchek, The Do-Not-Call Registry Trumps......
  • Weekly Case Digests May 4, 2020 May 8, 2020.
    • United States
    • Wisconsin Law Journal Nbr. 2020, January 2020
    • May 8, 2020
    ...alleging violations of federal and state laws. The district court found that DISH and its agents violated the Telemarketing Sales Rule, 16 C.F.R. 310 (propagated under 15 U.S.C. 45, part of the Federal Trade Commission Act), the Telephone Consumer Protection Act, 47 U.S.C. 227, and related ......
  • TCPA Violation.
    • United States
    • Wisconsin Law Journal Nbr. 2020, January 2020
    • May 5, 2020
    ...alleging violations of federal and state laws. The district court found that DISH and its agents violated the Telemarketing Sales Rule, 16 C.F.R. 310 (propagated under 15 U.S.C. 45, part of the Federal Trade Commission Act), the Telephone Consumer Protection Act, 47 U.S.C. 227, and related ......
1 provisions
  • Act 1042, HB 2293 – TO AMEND THE ARKANSAS CONSUMER TELEPHONE PRIVACY ACT
    • United States
    • Arkansas Session Laws
    • January 1, 2003
    ...who have registered for the national "Do-Not-Call" registry established and maintained by the Federal Trade Commission pursuant to 16 C.F.R. 310.4 as in effect on March 1, (ii) The Attorney General may: (a) Periodically obtain from the Federal Trade Commission the information necessary to a......

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