FTC Fines Telemarketer for TCPA Violations, Orders It to Cease Illegal Robocalls

robocallThe FTC has ordered the California company Skyy Consulting, Inc., which provides robocalling services to its clients as CallFire, to pay a $75,000 fine and stop all illegal telemarketing robocalls as part of a settlement between the parties. The Federal Trade Commission had charged Skyy Consulting with violating the Telemarketing Sales Rule (TSR), by helping its clients place robocalls to consumers without their written consent.

The TSR does not prohibit calls that provide informational recorded messages, such as flight information, school delays, etc., nor does it apply to calls regarding the collection of a debt. Intended to stop unwanted sales and marketing calls, the rule also excludes calls from politicians, charities and banks among others.

As part of the settlement, CallFire must review all of its pre-recorded messages and terminate contracts with any clients it finds have violated the TSR.

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Donald Maurice provides counsel to the financial services industry, successfully litigating matters in the state and federal courts in individual and class actions. He has successfully argued before the Third, Fourth and Eighth Circuit U.S. Courts of Appeals, and has represented the financial services industry before several courts including as counsel for amicus curiae before the United States Supreme Court. He counsels clients in regulatory actions before the CFPB, and other federal and state regulators and in the development and testing of debt collection compliance systems. Don is peer-rated AV by Martindale-Hubbell, the worldwide guide to lawyers. In addition to being a frequent speaker and author on consumer financial services law, he serves as legal counsel to DBA International and as chair of the ABA's Bankruptcy and Debt Collection Subcommittee. He serves on the governing Board of Regents of the American College of Consumer Financial Services Lawyers and on the Governing Committee of the Conference on Consumer Finance Law .