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

Building a Foundation: Choosing a Business Entity

Choosing a business entity is often a new entrepreneur's first significant decision. Selecting an entity has significant long-term consequences because it impacts both your legal and financial responsibilities. Those who don’t take the time to consider their options may regret their haste later on. In this blog, we will briefly look at the various business entities available to start-ups and entrepreneurs while also Read More

The Dangerous, Double-Edged Sword Of Fraudulent Leads

Fraudulent leads can be especially catastrophic for telemarketing companies, but it is critical to understand that they can be devastating for almost any business. Due to consumer protection laws—many of which we have discussed at length in previous blogs—using fraudulent leads can put a business in a position where they are inadvertently in violation of the law. Aside from the reputational damage to your business, Read More

Groundbreaking Changes To FTSA (In A Good Way!)

In May, the Florida Legislature passed an amendment that significantly decreased the scope of liability under the Florida Telephone Solicitation Act (FTSA). Anyone in the telemarketing industry knows (or should know) how rigid Florida’s “Mini-TCPA” was. But when Florida passed this amendment, it undid much that was wrong with the prior version. At the very least, it made it far less unforgiving.  In late May, Read More

Another State Launches A Mini-TCPA

The Telephone Consumer Protection Act (or “TCPA”) is a federal law initially passed in 1991. Though it has been amended and updated several times, it imposes several limitations and restrictions on the calls, texts, and even faxes that telemarketing companies make. Most importantly, it prevents them from using automated telephone dialing systems and prerecorded voice messages. Of course, that is only a superficial Read More

Viewing Liability From A Different Perspective

When you look back at our published blogs, you will notice that we have written extensively about telemarketing compliance. Failing to comply with the Telemarketing Sales Rule (TSR), the Telephone Consumer Protection Act (TCPA), and the Do-Not-Call (DNC) registry has serious financial consequences. Depending on the nature of the violation, those consequences can be catastrophic for your business.  This blog looks Read More

The True Cost Of A TCPA Violation

As a firm that has represented telemarketing companies for decades, we have an intimate understanding of the Telephone Consumer Protection Act (TCPA). We have also written previously about the FTSA, which is Florida’s Mini-TCPA. Before we continue, here’s a quick refresher on some of the main points that the TCPA covers. Essentially, it limits how telemarketing companies make calls, whether they can or cannot use Read More

The Story Behind The FTC’s Recent Shift In Power

Imagine the following scenario: You’ve been in business for ten years. You have a thriving company, a family, a busy life, and significant savings and hard-earned assets. Out of the blue, law enforcement agents and attorneys from the Federal Trade Commission (FTC) show up at your door and you are served with a federal lawsuit because they have determined that you have violated the law.  To add insult to injury, Read More

Taking Another Look At Texts Through A Different Lens

One of the most significant challenges with the TCPA is maintaining pace with the different ways it is interpreted. For instance, let’s look at some of the language used in TCPA. It opens with a series of definitions for key terms such as the following:  Automatic telephone dialing system (ATDS) Established business relationship Telephone facsimile machine Telephone solicitation Unsolicited Read More

One Man, One Platform, & Class-Action Lawsuits

Like many things that involve telemarketing and class-action lawsuits, this centers on the Telephone Consumer Protection Act (TCPA) and Florida’s “mini-TCPA”, the Florida Telephone Solicitation Act (FTSA).  Though there have been challenges and new interpretations regarding components of the TCPA, such as what constitutes an autodialer (Facebook v. Duguid), the heart of the TCPA (and FTSA) focuses on protecting Read More