16 C.F.R. § 310.2 - Definitions
| Cite as | 16 C.F.R. § 310.2 |
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141 practice notes
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Federal Trade Commission,
...calls, except those involving the sale of office or cleaning supplies.\17\ \15\ 16 CFR 310.6(a)-(c). \16\ 16 CFR 310.6(d)-(f). \17\ 16 CFR 310.2(u) (pursuant to 15 U.S.C. 6106(4) (catalog sales)); 16 CFR 310.6(g) (business-to-business sales). In addition to these exemptions, certain entitie......
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Part II
...were substantially similar to the definition of ``established business relationship'' under the amended Telemarketing Sales Rule (TSR) (16 CFR 310.2(n)). The TSR definition was informed by Congress's intent that the ``established business relationship'' exemption to the ``do not call'' prov......
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Part V
...sufficient to cover limited liability companies, as well as other forms of business arrangements. \193\E.g., Telemarketing Sales Rule, 16 CFR 310.2(v). Section 436.1(o): Plain Part 436 of the final amended Rule adopts the UFOC Guidelines requirement that disclosure documents be prepared in ......
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Arbitration Agreements
...debt relief coverage more narrowly by reference to the definition of ``debt relief services'' under the FTC's Telemarketing Sales Rule, 16 CFR part 310.\459\ However, in further considering this approach, the Bureau has determined that definition may be too narrow, as it does not expressly ......
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69 cases
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Fed. Trade Comm'n v. Credit Bureau Ctr., LLC, Nos. 18-2847 & 18-3310
...an affirmative action to reject goods or services or to cancel the agreement is interpreted by the seller as acceptance of the offer." 16 C.F.R. § 310.2(w) ; see also § 8403 (incorporating this definition by reference). ROSCA prohibits this feature unless the seller "(1) provides text that ......
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In re National Credit Management Group, L.L.C., No. CIV. A. 98-936(AJL).
...business practices of the Defendants are covered by the TSR. NCMG is a "telemarketer" or "seller" within the meaning of the TSR. See 16 C.F.R. § 310.2(r),(t), and (u). NCMG markets its program by the use of one or more interstate telephone calls. See 16 C.F.R. § 310.2(u). The representation......
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United States v. Dish Network, L. L.C., No. 09–3073
...services or a charitable contribution, by use of one or more telephones and which involves more than one interstate telephone call....16 C.F.R. § 310.2(o ), (w), (aa), (cc), and (dd). The TSR also exempted telemarketing calls “between a telemarketer and any business, except calls to induce ......
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Pasco v. Protus IP Solutions, Inc., Civil Action No. RDB–08–3388.
...as “any person who, in connection with telemarketing, initiates or receives telephone calls to or from a customer or donor.” 16 C.F.R. § 310.2(bb) (emphasis added). Aside from arguing that the FTC's definition of telemarketing “is broad,” Plaintiffs have provided no support for the proposit......
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17 firm's commentaries
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Federal Trade Commission Issues New CAN-SPAM Act Regulations
...45 days after The FTC’s Statement “Statement” “Statement.” “Proceeding,” 5] FTC Statement at 7, 16 CFR Part 316, § 316.2(h). [6] 16 CFR § 310.2. [7] FTC Statement 8. [8] 15 11] recipients’ (16 CFR 316.4). they not only originate, transmit, Senders have all of the obligations of other initia......
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Massachusetts District Court Denies Credit Repair Company’s Motion to Dismiss in Case Brought by the CFPB
...of ... services ... by use of one or more telephones and which involves more than one interstate telephone call.” Id at 4 citing 16 C.F.R. §310.2 (gg). Defendants claimed that the terms “plan”, “program,” and “campaign” would apply to all vendors and service providers who communicate with c......
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In Search of Exceptions to the FTC's Amended Telemarketing Sales Rule - Don't Put Your Neck in a Loophole!
...or services or a charitable contribution, by use of one or more telephones and which involves more than one interstate telephone call," 16 C.F.R. 310.2(dd) (emphasis added). Based on this language, some may be tempted to limit telemarketing to "intrastate calls," which would not cross state......
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'Pact' Health App Breaks Pact, Settles With FTC
...FTC Telemarketing Sales Rules as a provision in which consumer silence or failure to take affirmative action operates as acceptance. 16 C.F.R. § 310.2(w). Information regarding recurring charges was buried in 4,400 words, or forty-three screens on an iPhone 5S. Consumers either could not lo......
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