TCPA, Texts, & Texas

People within the marketing industry generally agree that a phone number is more valuable than an email address. SMS (Short Message Service) marketing leads to significantly higher response and open rates. Consumers often have email addresses attached to their jobs which may go unchecked and unused when they join other companies. However, their phone number will likely stay the same.  The telemarketing industry Read More

Record Keeping & The Telemarketing Sales Rule

The telemarketing sales rule requires telemarketers to retain certain information for two years or more. The 24-month period begins on the day the document is produced. This includes advertising documents, promotional materials, and customer information. When you create a series of advertisements and conduct promotions, the telemarketing sales rule states that you must retain any material that is “substantially Read More

Private Actions & The Telemarketing Sales Rule

The Telemarketing Sales Rule went into effect on December 31, 1995, but was revised in 2003. It was created to protect consumers from receiving unwanted calls, but it also protects them against fraud, theft, and deception. It outlines how telemarketers can conduct their business and gives the FCC (which oversees the exchange of information) and the FTC (which deals with financial and economic actions) the ability to Read More

A Federal Law Telemarketers Must Understand

The two primary laws that regulate telemarketing sales (on a federal level) are the Telemarketing Sales Rule (TSR) and the Telephone Consumer Protection Act (TCPA). Although we will elaborate further on the TCPA at a later date, we wanted to outline what the TSR is, what its key provisions are, and what kinds of disclosures it requires telemarketers to make. Telemarketing Sales RuleAmong other things, the TSR Read More

Cove Law: We’ll Send You To The Right Attorney

Needing professional legal counseling is not something that most people think about until they face an issue they cannot resolve without an attorney. Some of the most common reasons why people seek legal counseling are connected to divorce, estate planning, and personal injury. This shouldn’t come as a surprise because virtually every adult with assets should do some degree of estate planning; personal injuries can Read More

Telehealth Compliance Case Study

This month we look at a spate of recent criminal charges filed by the Federal government against over 100 medical professionals (including 42 doctors). The charges stem from telehealth services, which have become a modern convenience and a thriving industry.  When your primary care physician conducts an appointment virtually, there is nothing inherently criminal or inappropriate about that. Telehealth or Read More

A Telemarketing Law Faces Pushback & An Amendment

It began with a woman getting texts from David’s Bridal during the summer of 2021. The issues were two-fold: she wasn’t a customer (and so never opted into the texts), and she couldn’t get them to stop. She likened the constant text messaging to abusive behavior. Ultimately, she contacted an attorney who filed a class-action lawsuit against the company.  How was she able to do this? Because of new legislation, Read More

Mens Rea & White Collar Crime

White-collar crimes typically involve financial or business matters and are not based on violent acts. Many people assume that they aren’t taken as seriously or that the repercussions aren’t as severe as more “routine” crimes but assuming either is a mistake. Their impact on victims can be devastating, so modern-day consequences are often very considerable.  If you have been charged with a white-collar crime, the Read More

What Constitutes A “Robocaller?”

A robocaller differs from an autodialer. Understanding the two terms is a critical component of remaining compliant with state and federal laws.  When someone receives a text message or a phone call, is that an example of an autodialer or a robocall? The importance of that answer lies within federal legislation. In 1991, federal lawmakers enacted the Telephone Consumer Protection Act (TCPA). Anyone experienced in Read More

The Fundamentals Of Asset Protection

For anyone who has never been a business owner, running a successful company relies on the basic premise of making more money than you spend. To put it in perspective, imagine you have a house. You manage and pay your bills and expenses without concern. Then you learn your car needs to be replaced, your hot water heater breaks, and someone, unfortunately, gets hurt on your property who now intends to sue Read More