Can You Sue Another Marketing Company for Poaching Clients? Here’s What You Need to Know

Executive Summary: Marketing companies have legal options when competitors try to poach their clients. Florida law allows claims for interference with business relationships (even without a contract) and interference with contractual relationships (where a signed agreement exists). If the conduct is intentional and causes financial harm, it may be actionable. Solid documentation and strong contract language make Read More

What Counts as “Prior Express Consent” Under the TCPA Today?

Executive Summary: The TCPA restricts marketing calls and texts unless you have “prior express consent,” and in many cases, prior express written consent. The rules vary depending on whether you’re using regulated technology like autodialers or contacting numbers on the DNC list. Written consent must meet specific legal criteria and be documented. Businesses should regularly review their lead capture, call practices, Read More

Do You Need a Telemarketing License? Here’s What Triggers the Requirement

  Executive Summary: Telemarketing licenses are required in at least 33 states for a wide range of phone-based sales activity, including outbound calling, inbound sales, and ad-driven response calls. Florida’s broad law, (drafted in part by Andrew Cove,) helped set the standard for other states. Businesses that close deals by phone or accept payments during calls are likely subject to these rules unless Read More

Facing Allegations of Deceptive or Unfair Trade Practices in Telemarketing? Here’s What You Should Know

Executive Summary: Telemarketing businesses can face serious consequences when accused of deceptive or unfair trade practices, even if the conduct wasn’t intentional. These allegations often stem from consumer complaints, vague scripts, or billing issues, and can lead to regulatory investigations, lawsuits, or financial penalties. Common red flags include unclear trial offers, aggressive sales tactics, and failure to Read More

What Do State Attorneys General Actually Do?

  If you run a business, you’ve probably seen references to state attorneys general (AGs) in warning letters, compliance updates, or news articles about enforcement actions. But most people don’t fully understand what these offices do or how much power they have. State AGs play a significant role in shaping business practices, especially consumer protection, privacy, and telemarketing. If your business is Read More

The Most Overlooked TCPA Risks in B2B Telemarketing

B2B telemarketing is often treated as if it were played by a different set of rules. Many companies assume the Telephone Consumer Protection Act (TCPA) only applies to B2C calls, and that’s where they get into trouble. The truth is, TCPA compliance applies to most B2B calls, too, and the risks of getting it wrong are very real. Businesses that rely on outbound calling to generate leads - or even inbound calls to Read More

Do You Need a Telemarketing License? Here’s What You Should Know

Telemarketing is one of the most highly regulated sales channels in the country. If your business makes outbound calls across state lines—or even just in one state—you may be legally required to hold a telemarketing license. Most telemarketers are surprised to learn that as many as 32 states currently require licenses for outbound calling. These laws aren’t new. In 1989, Florida was one of the first states to Read More

How Telemarketers Should Handle Civil Regulatory Investigations

If you’re in telemarketing, you already know that regulatory oversight is part of business. Agencies like the Federal Trade Commission (FTC), the Federal Communications Commission (FCC), and state attorneys general closely monitor compliance with laws like the Telephone Consumer Protection Act (TCPA) and Telemarketing Sales Rule (TSR). Getting a letter or notice of investigation from one of these agencies can be Read More

What to Know About the FCC’s Stricter Rules on Do-Not-Call and Consent Revocation

The Federal Communications Commission (FCC) recently changed how businesses handle customer opt-outs. Under the new rule, companies must process do-not-call and consent revocation requests within 10 business days—a significant reduction from the previous 30-day window. For businesses that rely on phone and text marketing, this means a shorter timeframe to update internal lists and ensure compliance. Failure to do Read More

What Is a Class Action Lawsuit?

Class action lawsuits address widespread issues affecting large groups of people. They provide a way for individuals to pursue justice when similar harm has impacted others. Unlike individual lawsuits, class actions consolidate claims into a single case.  What Are Class Action Lawsuits? At their core, class actions allow one or more individuals, known as class representatives, to sue on behalf of a larger group Read More