While not as popular as they used to be, faxes still provide telemarketers a worthwhile avenue to find potential customers. But using faxes to advertise is not a risk-free proposition. The Telephone Consumer Protection Act (“TCPA”) restricts the ability to send marketing faxes, in part, by requiring prior consent from the recipient. What happens if […]
TCPA Fax Exception: Saving Your Business From Liability Read More »
The telemarketing world tilted on its axis last year when Florida enacted the Florida Telephone Solicitation Act (“FTSA”). The FTSA is Florida’s answer to the Telephone Consumer Protection Act (“TCPA”). No law is perfect, and the FTSA has created myriad headaches for its lack of clarity. In a nod to the industry’s concerns, the Florida
FTSA Amendment Bill Could Bring Needed Clarity Read More »
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 Telephone Consumer Protection Act (“TCPA”) restricts the sending of certain fax advertisements to non-consenting consumers and businesses. Recently, the New York-based Second Circuit Court of Appeals held that a market research fax is not a TCPA advertisement. The Court found that even the inclusion of an honorarium for participating does not change the character
Second Circuit Holds Market Research Fax Not a TCPA Advertisement Read More »
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
The TCPA SMS Rules Keep Changing: Why You Need a Telemarketing Attorney to Keep Up Read More »
In the early ‘90s, Congress passed the Telephone Consumer Protection Act (“TCPA”) to restrict certain telemarketing activities. The TCPA’s essential purpose is to protect consumers from uninvited telemarketing. Over the last 30 years, what constitutes TCPA law has become a patchwork of statutes, regulations, and judicial decisions, largely the result of regulators and courts trying
TCPA Law: Why You Need a Telemarketing Attorney More Than Ever Read More »
The Federal Trade Commission (“FTC”) filed a complaint alleging that Lifewatch, Inc., violated various telemarketing laws by sending consumers misleading robocalls. The FTC claimed that consumers, especially older Americans, were “tricked into paying for supposedly free in-home medical alert devices.” Pursuant to the Lifewatch FTC telemarketing law settlement, the Lifewatch defendants were banned from engaging
Company Banned for FTC Telemarketing Law Violations Read More »
The Telephone Consumer Protection Act (“TCPA”) prohibits placing certain telemarketing calls to consumers without obtaining their prior express written consent. The TCPA is a strict liability statute, so telemarketers placing calls generally do not get a pass for a mistake. But what happens when a telemarketer unwittingly contacts a consumer with a reassigned number? The
TCPA Reassigned Number Database Coming Online: What You Need to Know Read More »
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