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

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