Are You the Subject of a State or Federal Criminal Investigation? Keep These 5 Things in Mind

If you received a notice that you're under suspicion of a white collar offense, you're now the subject of a state or federal criminal investigation. Although there's no reason to panic at this stage, it's important for you to understand the gravity of the situation. You'll have to take immediate action to get the situation under control, so keep these initial tips in mind before you start to formulate a plan. 1) Read More

Understanding the Telephone Consumer Protection Act or “TCPA”

You may be aware that the direct marketing and telemarketing industry is governed by several different laws and entities. The TCPA is one of them. What exactly is the TCPA, and how are you beholden to it? Find out in our answers to these commonly asked questions. What is the TCPA? The Telephone Consumer Protection Act (TCPA) was passed by Congress in 1991. It was originally designed to protect consumers' right Read More

FCC vs. FTC vs. State Telemarketing Laws

So you're in the process of researching telemarketing compliance. As a telemarketer, that's an incredibly important step to take if you want your business to be safe from liability and government action. You'll want to know about the three main legal entities that regulate telemarketing practices in the United States: the FCC, the FTC, and the state Attorney General’s Offices that enforce state laws. The Federal Read More

Understanding the Criminal Discovery Process

When a person is accused of a crime, both the defense and prosecution teams may be entitled to receive information that one side has about the other side's case. “Discovery” is this general process of exchanging information between both sides, and in some ways it's meant to make the criminal process fairer for the defense. The rules differ depending on what state your case is in - and it’s important to note that in Read More

Understanding Mail and Wire Fraud

Have you ever been offered unthinkable sums of money from a Nigerian prince? This online scam famously made its way through millions of email inboxes and requested bank account information in exchange for a princely reward. The email turned out to be a royal hoax, as scammers would use the information to steal money from gullible readers. While you may not intend for your company's next marketing campaign to resemble Read More

Subpoenaed by the Government? Take These 5 Steps Immediately!

A government subpoena (or a “civil investigative demand”) can be a scary prospect—even if you've done nothing wrong. Whether it involves a criminal or (what appears to be) a purely civil investigation, it's important that you comply without incriminating yourself. To minimize your legal issues, follow these five steps right away. Don't Communicate with the Government People often make the big mistake of Read More

4 Key Rules for Utilizing Voice Recorded Telemarketing Messages

Voice recorded telemarketing messages can be a simple and convenient way to communicate with your audience—provided you know when and how to use them. You know how important it is to comply with the Telemarketing Sales Rule (TSR) and similar laws, both on a federal and state level. When you're working with prerecorded messages in particular, you should take care to observe the following key rules. Express, Read More

What You Need to Know About the CFPB

The Consumer Financial Protection Bureau (CFPB) was created by the Obama administration in 2011. It was first formed as a response to the financial crisis and recession, and since then it has served to protect consumers of financial products. The Bureau enforces federal laws that apply to banks, credit unions, payday lenders, debt collectors, and other financial companies. Telemarketing companies should also be aware Read More

5 Examples of Unfair Trade Practices and How to Avoid Them

The Federal Trade Commission (FTC) is the primary federal agency responsible for enforcing consumer protection laws against unfair and deceptive trade practices. In essence, these laws require that consumers be given a fair chance to make informed, rational decisions about the goods and services they purchase. With that in mind, how can you improve the way your company interacts with your customers? Generally Read More

5 Ways to Prevent a Class Action TCPA Claim on Your Business

As consumers continue to switch from landlines to mobile phones as their primary contact numbers, the landscape for telemarketing companies keeps shifting. The Telephone Consumer Protection Act (TCPA) was amended a few years ago to address these changes. The act now protects consumers with landlines, as well as those with mobile phones, from receiving automated telemarketing calls without prior written consent, and Read More