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Florida: AG urges FTC to protect consumers from predatory telemarketing practices

The Attorney General for the State of Florida, Ashley Moody, sent on 3 August 2022, a letter to the Federal Trade Commission ('FTC') urging it to provide better protections for consumers against predatory telemarketing calls, including negative-options, and the Telemarketing Sales Rule ('TSR') exemptions for business-to-business calls and inbound calls. In particular, the letter calls for the FTC to repeal federal exemptions related to telemarketing calls and provide additional protections for consumers who purchase negative-option products and services. More specifically, the letter states that the proposed amendments provide protections not previously covered in the TSR, including:

  • requiring negative-option sellers and telemarketers to provide consumers with notice and the opportunity to cancel before being billed for negative-option products;
  • adding additional recordkeeping requirements for negative-sales options; and
  • eliminating the TSR exemption for business-to-business phone calls and inbound calls.

Finally, the letter provides that the expansion of the TSR to cover business-to-business, as well as inbound calls would have a substantial effect on pervasive, tech-support scams that often target seniors.

You can read the press release here and the letter here.