The Telephone Consumer Protection Act (“TCPA”) restricts contacting consumers whose phone numbers are on the National Do Not Call Registry unless the telemarketer has obtained the consumer’s prior express consent. As the recent decision in a case captioned Johansen v. EFinancial, LLC explained, the Do Not Call restriction is broad but contains one notable exception, […]
TCPA Safe Harbor Exception Saves Telemarketer Big Money Read More »
The telemarketing industry of the 21st century has many players –advertisers, call centers, and lead generators. Records for each part of a given marketing lifecycle could exist with four separate companies. So, when plaintiffs file lawsuits against telemarketers alleging violations of the Telephone Consumer Protection Act (“TCPA”), it is common for someone else to have,
I Received a TCPA Subpoena. Now What? Read More »
To help you understand how to sell to consumers through telemarketing, while complying with the law, we have created this guide for every telemarketer in order to understand consumer disclosures. The guide introduces the regulations contained in the Telemarketing Sales Rule. If you are an advertiser who wants to reach consumers through a telemarketing campaign, you may be focused
The Telemarketer’s Guide: Consumer Disclosures Read More »
What is Telemarketing Law? Understanding the complexities of telemarketing law is challenging. Under federal law, telemarketing is defined as “the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person.” 47 C.F.R. § 64.1200(f)(12). The
Understanding Telemarketing Law Read More »
On March 1, 2020, New York’s “Nuisance Call Act” will go into effect, bringing significant change to the existing New York telemarketing law. The legislation, which was signed into law by Governor Andrew Cuomo on December 2, 2019, is intended to close a loophole in New York’s Do Not Call Law, which originally took effect
Changes Coming to New York Telemarketing Law Read More »
August 4, 2017 This Tuesday, the Federal Trade Commission (“FTC” or “Commission”) announced a new initiative to share consumer complaint-sourced telemarketer data with private businesses that develop call-blocking technology. How will the FTC’s recent move affect telemarketers?
The FTC’s Latest Bid to Blacklist Telemarketers Read More »
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