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Does Your Company Need a Telemarketing Legal Opinion Letter?

For businesses operating in the telemarketing space, circumstances often arise in which an existing or potential contracting partner requires certain assurances regarding compliance relating with one or more telemarketing regulations before signing or renewing a contract.  In those instances, the business should strongly consider engaging with experienced attorneys to prepare a telemarketing legal opinion letter on its behalf.  

What are the benefits of a telemarketing legal opinion letter?

In general, telemarketing legal opinion letters are documents prepared by attorneys in which counsel examines certain telemarketing-specific aspects of a business to determine its compliance with applicable telemarketing laws and regulations.   The preparation of such letters ordinarily will require an attorney to undertake an in-depth analysis of the relevant business practices, including interviews with key employees, to sufficiently understand the company’s day-to-day operations.  For such opinion letters, this may include, but is not necessarily limited to, an examination of the following:

  • practices concerning acquisition of prior express written consent to contact consumers;
  • compliance with state and/or federal do-not-call regulations;
  • processing of consumer opt-out requests; and
  • use of automated telehpone dialing technology.

The foregoing allows the attorney to analyze those business operations within the framework of the relevant telemarketing laws governing those practices.  A useful telemarketing legal opinion letter will engage in a detailed and comprehensive compliance review that identifies the applicable telemarketing law, details why and how a certain business practice or procedure complies with those laws, and provides a clear and concise legal analysis substantiating the ultimate findings. 

Hire an Attorney to Prepare a Telemarketing Legal Opinion Letter

At their core, telemarketing legal opinion letters should provide confidence and certainty to the letter’s intended audience: (1) Confidence for the subject business that it is operating within the bounds of applicable telemarketing law; and (2) Certainty to that business’s partners, lenders, and/or payment processors that they are not exposing themselves to any potential liability by agreeing to do business with the subject telemarketing entity.  Telemarketing legal opinion letters are an invaluable tool for businesses.  Whether just formed or long standing, a telemarketing business can greatly benefit from the clarity and certainty provided by a well-researched and properly drafted telemarketing legal opinion letter.  As such, it is highly recommended that knowledgeable and experienced attorneys be retained to review any telemarketing business’s practices to provide an opinion letter that allows for confident operation in the marketplace.

If you are interested in learning more about this topic or require assistance in obtaining a telemarketing legal opinion letter, please e-mail us at info@kleinmoynihan.com, or call us at (212) 246-0900.

The material contained herein is provided for information purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney.  Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.

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David Klein

David Klein is one of the most recognized attorneys in the technology, Internet marketing, sweepstakes, and telecommunications fields. Skilled at counseling clients on a broad range of technology-related matters, David Klein has substantial experience in negotiating and drafting complex licensing, marketing and Internet agreements.

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