telemarketing law

Connecticut telemarketing

Revised Connecticut Telemarketing Law Signed Into Law

On June 26, 2023, Connecticut Governor Ned Lamont signed SB1058 into law, which both amends and adds to Connecticut’s telemarketing law. The amendments go into effect on October 1, 2023. As discussed below, there are several significant revisions to Connecticut’s telemarketing law. Unlike the Telephone Consumer Protection Act (“TCPA”) and many of its state level […]

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Oklahoma Telemarketing

Oklahoma’s New Telemarketing Law Goes into Effect, Joining Other States with Mini-TCPAs

On November 1, 2022, Oklahoma’s Telephone Solicitation Act (“OTSA”) took effect. Following a trend set by Florida, Oklahoma decided to enact its own rules to regulate intrastate telemarketing communications. Oklahoma’s regulations are the latest to take effect in a line of Mini-TCPA laws. These regulations have been coined Mini-TCPAs because they are the state equivalents

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Trusted Form Wiretap Case Sows TCPA Confusion - Klein Moynihan Turco LLP

Trusted Form Wiretap Case Sows TCPA Confusion

For telemarketers, having valid prior express written consent to contact marketing leads is essential for avoiding lawsuits and liability under the Telephone Consumer Protection Act (“TCPA”). That need spawned the creation of services that record a consumer’s interactions with a given website’s consent flow in real time. One such company is ActiveProspect, offering a widely-used

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TSR Changes: What You Need To Know - Klein Moynihan Turco LLP

TSR Changes: What You Need to Know

 On April 28, 2022, the Federal Trade Commission (“FTC”) unanimously approved a Notice of Proposed Rulemaking (“NPRM”) and an Advanced Notice of Proposed Rulemaking (“ANPRM”) that would amend the Telemarketing Sales Rule (“TSR”). The FTC believes these changes are necessary to protect consumers from deceptive and abusive telemarketing practices. Please note that any business that

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The TCPA SMS Rules Keep Changing: Why You Need a Telemarketing Attorney to Keep Up

The TCPA SMS Rules Keep Changing: Why You Need a Telemarketing Attorney to Keep Up

Thirty years ago, telemarketers exclusively used phone calls as their preferred advertising medium. In 1991, Congress passed the Telephone Consumer Protection Act (“TCPA”) to protect consumers from unwanted advertising calls. Today, telemarketing has shifted its focus from phone calls to text messages. The Federal Communications Commission (“FCC”) has determined that a text message and a

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TCPA Subpoena- Klein Moynihan Turco LLP

I Received a TCPA Subpoena. Now What?

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,

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Call Center Agreements - Klein Moynihan Turco LLP

Telemarketing Call Center Agreements: Make the Right Call

Communicating with consumers via telephone and text messaging has become an increasingly effective means of consumer outreach.  To do it correctly, comprehensive and well-drafted call center agreements must be an essential component of the process.  Due to the significant risk of violating state and federal telemarketing laws, its is vital that businesses negotiate and enter

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Critical Role that TCPA Plays in Outbound Telemarketing- KMT

The Critical Role that the TCPA Plays in Outbound Telemarketing

If you’re running any sort of outbound telemarketing campaign – phone calls, voicemail drops, or text messaging – you need to understand the Telephone Consumer Protection Act (TCPA) and its enabling regulations. Call center operators are not the only businesses that employ outbound telemarketing to reach out to consumers. Using the phone is often an

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