ARTICLE · 18 SEPTEMBER 2023

Lead Generator Found Liable For Major TSR Violations

Klein Moynihan Turco LLP

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On September 1, 2023, Judge Lindsay C. Jenkins of the Northern District of Illinois entered an order granting the Federal Trade Commission ("FTC') partial summary judgment against Day Pacer LLC...

United StatesConsumer Protection

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On September 1, 2023, Judge Lindsay C. Jenkins of the Northern District of Illinois entered an order granting the Federal Trade Commission ("FTC') partial summary judgment against Day Pacer LLC and associated defendants (collectively "Day Pacer"). The Court found that Day Pacer violated the Telemarketing Sales Rule ("TSR") by: 1) placing millions of telephone calls to numbers on the National Do-Not-Call Registry ("NDNC"); and 2) otherwise assisting business partners with their improper telemarketing practices. Enacted in 1995, the TSR prohibits sellers and telemarketers from engaging in certain abusive practices that invade upon consumer rights to privacy. The TSR empowers the FTC and state attorneys general to initiate enforcement action for violation of the statute.

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