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

Everything You Need To Know About Contracts

Contracts are the foundation of any working relationship. They help set expectations, establish practices and provisions, and get everyone on the same page. A good contract will explain what each party involved expects from the other, and what they will get in return. The key to a good contract is making sure it is legally enforceable. This is one of the reasons that contracts are best when written instead of just Read More

Two Significant Recent Developments in Marketing Law

Marketing law, like all law, is constantly evolving and changing. In this Blog, we are going to give an overview of two recent unrelated Supreme Court cases that both have major effects on the future of marketing. AMG vs. FTC The first case involves AMG Capital Management, a payday loan company founded by former race car driver Scott Tucker. In 2012, the FTC investigated AMG (as they regularly do with Read More

How Often Do FTC Proceedings Result in Criminal Prosecutions?

While all businesses are overseen by a variety of regulations and agencies, perhaps the most serious is the Federal Trade Commission (often abbreviated as the FTC.) The FTC is dedicated to enforcing antitrust and consumer protection laws, working to protect competition with industries and choice among consumers. If you were unclear about the amount of power the FTC holds over your business, the answer is “a lot,” as Read More

What State Actions Can Be Taken Against Telemarketers?

When we talk about actions that can be taken against telemarketing companies, much of the conversation revolves around the Federal Trade Commission. The Federal Trade Commission seeks to combat deceptive and unfair trade practices by protecting competition and protecting consumers. At Cove Law, P.A., over our twenty-five plus years of serving the telemarketing industry, we have dealt with plenty of cases coming from Read More