Experienced Telemarketing Lawyers

KMT counsels clients on a wide range of issues relating to the development and operation of telemarketing and text message marketing businesses.

KMT’s comprehensive knowledge of the TCPA, ATSR and CASL, along with their pragmatic approach, has added tremendous value to AcademixDirect’s business. We can count on KMT for insightful feedback, judgment and guidance for complex compliance issues. The outstanding results we have obtained from David, Sean and Jonathan’s services truly make them the “Pros from Dover” for all things telemarketing.

-- Phillip G. Connelly, CEO, AcademixDirect

KMT's Focus Includes:

In order to comply with the CCPA, each business is required to “provide two or more methods for submitting requests to opt-out, including, an interactive form accessible via a clear and conspicuous link titled ‘Do Not Sell My Personal Information,’ or ‘Do Not Sell My Info,’ on the business’ website or mobile application.” used to establish the contractual relationship between website operators and their respective end-users and customers.  Given this vital role, it is of paramount importance that website operators ensure that their website Terms and Conditions limit liability to the maximum extent permitted by law and provide other key legal protections.

Many telemarketing-related legal risks can be minimized or eliminated entirely by working with an experienced telemarketing lawyer before issues arise.  A well-planned calling or text messaging strategy can help protect sellers and their affiliate marketers from substantial liability. 

Telemarketing contracts can be used to cover a variety of telemarketing-related relationships, including contracts with call centers that provide logistical support for a business’s internal campaigns, as well as third party database managers (or list managers) who can contact consumers with third party offers.

Due to the speed of technological advancement, the TCPA, the Telemarketing Sales Rule, and applicable state and federal laws are in a constant state of flux. As such, a careful review of all telemarketing laws included above, and state laws should be regularly conducted to assess risk and protect sellers and telemarketers alike.

Call centers run more efficiently than ever before, reaching consumers through telemarketing campaigns that include live and automated dialing, voicemail drops, texting, and video calls. Because of the growing ability – and need – to reach consumers through telemarketing technology, businesses (and their call centers) also face the growing risk of contacting consumers without TCPA consent.

All providers of telecommunications services (regardless of whether they are domestic or international carriers) that provide international outbound services to the general public from the United States to any foreign destination must obtain the prior approval of the Federal Communications Commission (“FCC”) before offering or providing such services.

If you are a third-party marketer that charges for your products or services via mobile billing or if you have been served with legal process relating to your billing or marketing practices, please e-mail us at info@kleinmoynihan.com or call us at (212) 246-0900.

Our attorneys have over 30 years of telemarketing law experience, counseling clients on compliance with the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule (TSR), applicable state and federal Do-Not-Call laws and Mobile Marketing Association (MMA) best practices and guidelines. KMT telemarketing lawyers regularly appear in proceedings before the FCC, the FTC, state attorneys general, public utility commissions and state and federal courts throughout the country on behalf of sellers, telemarketers and text message marketers.

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