The most important thing happening today here in the office is ERA’s response to the Federal Trade Commission’s review of the Telemarketing Sales Rule (TSR). I know you probably haven’t focused on it yet though so I am posting ERA’s reply so you can see it first. I am submitting it later today to the government.
Marc Roth of Manatt served as primary drafter of the comments for our team working on it. The reset of the group included Blair Jackson of Invictus Law, Len Gordon Venable LLP, Linda Goldstein also of Manatt and Ed Glynn (ERA volunteer of the Year) of Edwards Wildman Palmer LLP. So basically an all-star team of industry heavyweights in the advertising/marketing law world responded to the FTC on this.
Together they argued that the FTC should use a light regulatory touch and allow self-regulatory bodies like the Electronic Retailing Self-Regulation Program (ERSP) and the Council of Better Business Bureaus (CBBB) address issues in the marketplace. It’s all in there outbound telemarketing, inbound telemarketing, lead generation, coaching and mentoring, negative option (advanced consent), weight loss products, buyers’ clubs and more. So take a quick look if you have some time.
Also be sure to thank the volunteer team that worked on this if you get a chance. I am sure they wouldn’t mind a beer or drink at some point. They have earned it. This group was also instrumental in helping us with the FTC on the Negative Option Rule Guidance awhile back.