A deposition is a formal statement recorded by a court reporter and is given under oath. The FTC uses these to gather information and evidence during both investigations and formal actions. If you are called to give a deposition, approach it thoughtfully and carefully. Understanding the process and preparing effectively significantly affects the outcome. Being well-prepared helps ensure your testimony is clear, Read More
Unfair and Deceptive Trade Practices Under the FTC Act
Unfair trade practices involve the use of deceptive, fraudulent, or unethical methods to further a business. (These practices are commonly called misleading or unfair business practices.) They include false advertising, misrepresentation, tied selling, and failing to comply with regulations. Under consumer protection laws, they are illegal and can lead to compensatory or punitive damages. In the telemarketing Read More
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