When Can You Plead the Fifth?

The Fifth Amendment includes a fundamental right against self-incrimination. This means that individuals can refuse to answer questions or provide information that could incriminate them. The right to "plead the Fifth" is well-known, but its application is often misunderstood. Knowing when and how this right can be used to protect yourself legally can be critical. What the Fifth Amendment Protects You From The Read More

The FTC Bans Non-Compete Agreements

The Federal Trade Commission (FTC) has decided to generally prohibit non-compete agreements, which will affect businesses and their employees across the United States. This new rule could redefine how professionals transition between jobs and how companies protect their interests. The decision reflects a broader effort to promote job mobility and increase wage growth across various industries. As the rule is set to Read More

Robocalls, AI, & The FCC

One new challenge with technological advancements is the increase in robocalls, which have become a source of litigation and legal precedents. With the rapid introduction and evolution of Artificial Intelligence (AI), these calls have taken on a new dimension, making distinguishing between a genuine call and a potential scam harder than ever. The Federal Communications Commission (FCC) has recognized the severity of Read More

The 1:1 Rule

The Federal Communications Commission (FCC) has recently implemented a new regulation known as the "1:1 Consent Rule," which carries significant ramifications for the telemarketing sector. Telemarketing professionals must understand the intricacies of this rule and the potential effects on their operations.  The Basics of Lead Generation Imagine that you have a company that is selling travel packages. The Read More

The Role of Consent in Telemarketing: Obtaining and Documenting

In telemarketing, the word 'consent' carries a weight that cannot be overstated. It is the underlying principle for lawful communication with potential customers. Without consent, telemarketers are assuming a wide range of unnecessary legal risks. We will explain the significance of obtaining and documenting consent within the telemarketing industry. In addition to being the cornerstone of compliance, it is Read More

DNC List Management: Strategies For Telemarketers

Managing your Do Not Call (DNC) List is a critical compliance requirement for telemarketing agencies. Mismanagement of this list can easily lead to severe legal consequences, including very significant monetary relief and damage to your business’s reputation. At Cove Law, we offer guidance to ensure your telemarketing company maintains compliance with applicable state and federal laws. Achieving this demands (in Read More

The Importance of Record Keeping: Which Calls to Track and How

Record-keeping isn't just an administrative formality; it's the bedrock of compliance, dispute resolution, and performance improvement. Because of the many laws and regulations that govern the telemarketing industry, it is paramount that anyone within this industry keeps thorough and accurate records. These can safeguard against potential legal challenges and simultaneously serve as a roadmap for shaping future Read More

Navigating Business Entity Selection for Telemarketing Companies

  Running and maintaining a telemarketing company requires strategic planning. One of the foundational elements to consider is selecting an appropriate business entity. The type of business entity you choose influences your legal structure, operational dynamics, and financial aspects. This decision sets the tone for your business’s trajectory and impacts how you will realize your long-term goals and vision. Read More

Telemarketing in Healthcare: How Privacy & HIPAA Get Factored In

Telemarketing has become an integral part of various other industries, including healthcare. The ability to reach out to patients and clients via telephone offers unprecedented opportunities for engagement, appointment setting, and disseminating critical information. Since it provided a safer way to communicate, the pandemic allowed “telehealth” services to become more generally accepted and it therefore experienced Read More

Consent Farms: A Threat To The Telemarketing Industry

In a recent lawsuit filed against New York-based Fluent, LLC, it was accused of operating a massive “consent farm”. If you have never heard of this term, it usually refers to an entity that collects people’s personal information—along with a consent form—to then sell it to telemarketers. In past blog posts, we have discussed the dangerous inherent in buying from third-party vendors, and this is a prime example of Read More