TCPAWORLD AFTERDARK: The FTC Just Said “Third party robocall lead generation is illegal under the Telemarketing Sales Rule” and this is Madness…

This just happened.

What in the backward talking madness is this?

Lead generation is illegal? Since when FTC? And… why FTC?

The FTC’s linkedin account MUST have been hacked, because there’s no way the agency would formally announce–without any NPRM, rulemaking or court determination–that lead generation is illegal.

That’s just… not true.

And saying it on Linkedin doesn’t make it true. I have heard of legislating through enforcement, but legislating through social media I mean… come on.

There’s a cold irony to the FTC making false statements that mislead consumers online, but I will leave that alone for a second.

Anyway, I need to digest this. But for everyone out there in TCPAWorld, this is just a wild development and one we will certainly discuss at the webinars next week.

ROBUST AUGUST: The Czar’s Speaking Schedule for Next Month is Coming Together And You Have to Pay Attention At This Point

All the more reason to attend. (Also if you’re at ASE next week you might want to have them shutdown the show for an hour and tune in. The FTC LITERALLY just declared your business illegal on LinkedIn. So this is pretty important.)




  1. Glad you’re spotlighting this. Do you think the FTC is conflating TCPA and TSR? Btw, the FTC made almost the same statement at paragraph 100 of the Fluent complaint —

    Defendants have also tricked consumers into clicking a single, deceptively labeled checkbox, which they have treated as blanket consent for receiving telemarketing solicitations from dozens or even hundreds of third parties. The purported agreements generated from these “consent farm” websites are a crude attempt to circumvent the TSR’s requirement that, to initiate a robocalls, the specific seller obtain consent directly from a consumer, and only after providing clear and conspicuous disclosure.

  2. With the anonymity of the internet, I don’t see how ANY online consent holds up in court anyway. Who is to say who really filled out that lead form or clicked that button? It’s like we’re going to have to require a drivers license or some other id verification to show consent.

  3. Hey, JC, the telemarketers have Jornaya to prove that you filled out the online consent. Some of Troutman’s clients swear by it. Amazing how they always come up with those magic videos.

Leave a Reply