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

The Florida “Mini-TCPA”

Before you can understand the Florida mini-TCPA, you need to know its predecessor. The Telephone Consumer Protection Act (TCPA) is a federal law. You may already be familiar with it without knowing what it is. It places limits and restrictions on any person or business that solicits customers by telephone. Here are three such limits: Time Restrictions (8:00 am to 9:00 pm) Robocalls Do Not Call (DNC) Read More

The Different Types of Business Entities, and How to Choose Yours

Many of the most important decisions that business owners make take place before they open their doors to their first client. One of these essential decisions is what type of business entity your company will register as. Your business entity is the structure your company takes, and it helps determine the requirements for ownership and taxes. There is no single “best” option to choose for a business entity. It Read More