Telemarketing Archives - Page 11 of 21

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 Law: Why You Need a Telemarketing Attorney More Than Ever

Blog, Telemarketing Law / David Klein

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

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Company Banned for FTC Telemarketing Law Violations

Blog, Telemarketing Law / David Klein

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

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TCPA Reassigned Number Database Coming Online: What You Need to Know

Blog, Telemarketing Law / David Klein

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

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Why Operating Agreement Are a Must for Any New LLC - Klein Moynihan Turco LLP

Does Your Company Need a Telemarketing Legal Opinion Letter?

Blog, Telemarketing Law / David Klein

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

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Telemarketing List Management Agreements: Age of Consent

Blog, Data & Privacy Law, Journal, Telemarketing Law / David Klein

Through the course of interacting with consumers, and in connection with various ongoing commercial relationships with those consumers, business owners of all kinds are frequently able to amass a valuable database of consumer telephone numbers. Where permitted by the applicable privacy policy, as well as the specific telemarketing-related consent obtained from the subject consumers at

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TCPA Consent Issues Defeat Class Certification

Blog, Telemarketing Law / David Klein

Obtaining prior express written consent is the fundamental requirement for any telemarketer that wants to avoid violating the Telephone Consumer Protection Act (“TCPA”). In most instances, TCPA consent is a general prerequisite for contacting consumers with advertisements either by placing calls or by sending text messages using automated means. Valid consent is comprised of several

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Arizona Court Dismisses Autodialer Case

Blog, Telemarketing Law / David Klein

Almost every week, at least one court hands down a new decision interpreting the autodialer ban contained in the Telephone Consumer Protection Act (“TCPA”). In the decisions released after the U.S. Supreme Court’s opinion in Facebook v. Duguid, lower courts have overwhelmingly interpreted the TCPA’s definition of “autodialer” as requiring the use of a number

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