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

Misconceptions About Telemarketers

One of the most common misconceptions surrounding telemarketers is that the marketers who get sued are either overly aggressive or conduct business illegitimately. We encourage people both in the industry and outside of it to consider a different perspective. It is one that we have adopted after serving telemarketing clients for more than 25 years. Telemarketing is a field that is highly regulated. Simply put, it is Read More

B2B Calls, Exemptions, & The DNC List

Most business-to-business calls are exempt from the do not call registry if they are made to sell the business a product or service. However, calls to individuals who work at that business to sell them personal goods or services are not exempt. These calls are indeed covered by the do not call registry.  When it comes to B2B calls, they are exempt from the DNC requirements only under certain conditions. Read More

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