While the CFPB cannot enforce state laws, its import and federalization of state legal requirements under its authority from the UDAAP is a novel theory that will also test the strength of the Office's ability to monitor abusive behavior. Lead generation is neither new nor illegal. Lead generators and digital marketers, beware. The issue of legitimate data use, reasonable expectations, disclosure, affirmative consent, data privacy compliance, and lead generation best practices continue to occupy a central place in the Federal Trade Commission.
FTC attorneys expect all members of the lead generation ecosystem to establish systems for monitoring and reviewing potential customer sources on their own and to ensure that others do so as well. There has been a lot of talk about “ping trees” and other activities associated with the lead generation industry. Primary purchasers are also required to promptly and thoroughly investigate any complaints or other information they receive about a lead generator engaging in illegal acts or practices. Therefore, it is prudent to conduct periodic audits of lead generation operations to verify compliance with applicable legal requirements.
The FTC states that the operator's main generators continued to misrepresent that the military, or an independent education advisor, recommended the operator's school. It's not just lead generators who use deceptive means to extract information from consumers who face liability. The site does not sell insurance, but merely collects potential customer information from interested consumers and then sells them to agents representing various companies. Insist on specific details and don't hire lead generators or lead aggregators who are ambiguous or evasive.
A simple lead generation transaction is when a site collects and sells leads directly to the company that will seek or encourage that potential customer. According to the FTC, the operator used sales opportunities for lead generators that falsely told consumers that they were affiliated with U. Consulting with an experienced FTC defense lawyer to design and implement programs that are reasonably designed to ensure responsible monitoring of what others, including lead generators: what they are doing is paramount. In what has become an annual event, the Federal Trade Commission has once again reminded lead generation advertising ecosystems of regulatory legal obligations.
Top buyers can no longer simply claim to be unaware of the FTC's policy regarding lead generation advertising deception. Members of the lead generation ecosystem should not turn a blind eye to the practices of their lead generators, since the FTC has already taken numerous actions challenging the conduct of companies that extract personal information from consumers under false pretenses and then sell them as potential customers, including the lead. buyers. The FTC will not hesitate to hold potential buyers responsible if they knew or should have known that potential customers were acquired through deception.
For example, the complaint alleges that some of the operator's main generators posed as official U.
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