2020Directory_FNL_FlippingBook

2020 MEMBERSHIP DIRECTORY & SERVICES GUIDE HOT TOPICS

Compliance Obligation

Federal Laws that Apply

Violations / Penalties

Odometer Tampering

Federal Odometer Act

• The Department of Transportation can impose penalties of up to $10,932 per violation, subject to a $1,093,233 cap for a related series of violations. 49 C.F.R. § 578.6(f)(1). • In a private party civil action where the violation involves the intent to defraud, liability is the greater of: three times the actual damages or $10,932. 49 C.F.R. § 578.6(f)(2). • TSR: Up to $42,530 for each violation; redress to injured consumers; disgorgement of ill-gotten gains earned from the unlawful conduct. 16 C.F.R. § 310.3; 16 C.F.R. § 310.4; 16 C.F.R. § 1.98. • TSR: For dealers, subject to CFPB regulation: (1) violations that are not reckless or knowing are subject to per-day penalties of up to $5,781; (2) reckless violations are subject to penalties of up to $28,90 per day; (3) knowing violations are subject to penalties of up to $1,156,242 per day. 12 U.S.C. § 5565(a), (c); 12 C.F.R. § 1083.1. • TCPA: In private action, up to $500 in statutory damages; up to $1,500 in statutory damages for willful or knowing violations. In regulator action, civil penalty up to $20,134per violation or per day of continuing violation for violations of provisions other than Truth in Caller ID Act, subject to a cap of $151,00547 U.S.C. § 503; 47 C.F.R. § 1.80. • TCPA: Potential civil forfeiture penalties for violations of the Truth in Caller ID Act: $11,562 per violation, $34,686 per day for each day of continuing violation up to $1,156,242 for any single act or failure to act. 47 U.S.C. § 227(e); 47 C.F.R. § 1.80; FCC Order DA 18-12 (Jan. 5, 2018) available at https://docs.fcc.gov/public/attachments/DA-18- 12A1.pdf. • TCPA Criminal penalties: a fine for willful and knowing violations of not more than $10,000 for each violation or $30,000 for each day of a

Telemarketing Restrictions

FTC Telemarketing Sales Rule and Telephone Consumer Protection Act (TCPA)

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