Pennsylvania AG Michelle Henry announced a settlement with New York-based Fluent LLC and its subsidiaries over allegations that they engaged in deceptive and misleading business practices by placing millions of unwanted telemarketing calls to Pennsylvania residents.

Specifically, the companies collected personal information from 4.2 million Pennsylvanians, including telephone numbers, which they sold as “leads” to telemarketing companies via gift cards incentives to popular retailers. This included consumer information on the Pennsylvania and National “Do Not Call” Lists.

AG Henry also alleged that Fluent failed to clearly and conspicuously disclose that by providing personal information, registrants consented to receive telemarketing calls from sellers whose products or services were not related to the original promotional offerings.

Fluent and its subsidiaries must pay $250,000 to the AG’s office for public protection and educational purposes. Additionally, the settlement prohibits companies from contacting consumers on the Pennsylvania “Do Not Call” List, without first receiving the consumer’s express consent in writing after it clearly discloses — with a hyperlink or a separate pop-up — the specific “requesting” party.

Why It Matters

Telemarketing regulations exist at both the federal and state levels, allowing regulators to ensure compliance by telemarketers and protect consumers from unscrupulous practices.