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Lead Generators for Loans and Licensing Exposure
When selling loan leads crosses into brokering, which state statutes reach loan lead generators, and how to structure a lead program that avoids licensing.
CPO Registration and the Rule 4.13(a)(3) De Minimis Exemption
A fund manager can avoid CPO registration under Rule 4.13(a)(3) by keeping commodity trading small, selling to qualified investors and filing with NFA.
Oklahoma Telephone Solicitation Act Compliance Guide
Oklahoma’s Telephone Solicitation Act requires written consent for automated sales calls, limits calls to 8 a.m. to 8 p.m. and allows $500 per call suits.
Why Debt Relief Companies Cannot Rely on the TSR General Media Exemption
Inbound calls from ads are usually exempt from the TSR, but debt relief services are carved out of the general media and direct mail exemptions.
Group Versus Individual Legal Plans
Employer and union legal plans usually fall under ERISA and often escape state licensing, while individual plans face state licensing and marketing rules.
Does the Telemarketing Sales Rule Apply to Tax Relief Companies
The Telemarketing Sales Rule treats tax resolution as debt relief. What its advance fee ban, disclosures and inbound call rules mean for tax relief firms.
FinCEN MSB Registration and Who Must Register
FinCEN MSB registration is due within 180 days for money transmitters and other money services businesses and renews every two years. Who must register.
Guaranteed Versus Independent Introducing Brokers
A guaranteed introducing broker needs no capital but answers to one FCM, while an independent IB keeps $45,000 in capital and can work with any FCM.
Florida Telephone Solicitation Act Compliance Guide
The Florida Telephone Solicitation Act requires signed written consent for automated sales calls and texts and allows $500 per violation lawsuits.
The New York Agency Enforcing Do Not Call Rules That Most Companies Have Never Heard Of
New York’s Department of State nearly doubled the Do Not Call fines it imposed in a single year. Its Division of Consumer Protection reported that
Negotiating the Scope and Timing of a CID
How much room a company has to narrow a civil investigative demand from the FTC, CFPB or a state attorney general, and how the meet and confer works.
National Do Not Call Rules and the Established Business Relationship
Federal do not call rules generally allow calls to a registered number only with a signed written agreement or an established business relationship.
When a Debt Settlement Company Can Collect a Fee Under the TSR
A debt settlement company may charge a fee only after a debt is settled under an executed agreement and the consumer makes a payment. How the rule works.
What Is a Prepaid Legal Plan and How Is It Regulated
Prepaid legal plans are regulated by the states as insurance, under specialized legal plan statutes or through bar registration, with federal rules on top.
Introducing Broker Registration Step by Step
Introducing broker registration takes a firm application, filings for principals and APs, the Series 3 exam and $45,000 in capital or an FCM guarantee.
Credit Repair Organizations Act Basics and the Advance Fee Ban
The Credit Repair Organizations Act bans advance fees and misleading claims and requires a written contract, disclosures and a three day right to cancel.
How to Register a Futures Commission Merchant With the CFTC and NFA
FCM registration runs through NFA and requires a firm application, filings for each principal and AP, $1,000,000 in capital and a built compliance program.
Lead Generator Consent and Vicarious Liability for Seller Companies
A seller can be liable under the TCPA for calls its lead generators make when agency, apparent authority or ratification applies. Here is how to limit it.