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Katherine C. Pearson, Editor, and a Member of the Law Professor Blogs Network on LexBlog.com

Telemarketing Sales Rule Protections Against Scammers

Good news for consumers! The Federal Trade Commission (FTC) announced on June 27, 2016 that the telemarketing sales rule (TSR) prohibitions went into effect in June.

The changes to the TSR will stop telemarketers from dipping directly into consumers’ bank accounts through checks and payment orders that have been remotely created by the telemarketer or seller. Since they’re remotely created, they’re never actually signed by the account holder – and that makes it easy for telemarketers and sellers to dip directly into consumers’ bank accounts. And it’s then hard to reverse the transactions with consumers’ banks (again, a reason why con artists love using these methods).

In addition, with the updated rule in place, telemarketers now can’t get payments through traditional cash-to-cash money transfers – the type provided by companies like MoneyGram and Western Union. Scammers use these cash transfers as a quick, anonymous, and irrevocable way to get money from consumers. Once the seller picks up the transfer, the money is gone.

The TSR changes also prohibit telemarketers from accepting as payment cash reload PIN numbers. That means no requests for payment by using MoneyPak, Vanilla Reload, or Reloadit packs, used to add funds to existing prepaid cards. Because scammers use the cash reload PIN numbers to apply the funds to their own prepaid debit cards – and disappear with the money. Except not anymore, under the updated TSR.

Good news all around for consumers! More information for businesses about complying with the TSR is available here.  Thanks to blog reader Mike Polk for alerting me to this update!