Articles
These articles draw on extensive research in order to produce incisive, relevant legal analysis of the telemarketing industry.
November 2009
Where Law and Good Business Collide: Can You Rebut a Consumer’s “Do-Not-Call” Request?
by William RaneyComplaints cause inquiries from regulators and inquiries, no matter if the business is totally legally compliant or not, are expensive and put a business in the defensive situation of having to rebut an assumption of guilt. When a regulator receives a complaint, he or she generally assumes the complaint to be true and leaves it to the business to rebut, at its own expense and peril, that complaint, even if compliance measures were in place.
October 2009
The Telemarketing Sales Rule: Who Really Is Exempt?
by Kristen MarshallThere are many more exemptions from the TSR than those found in the text of the regulation itself. The new “ban”, then, may not apply to your calls and you should consult with your attorney before giving up the medium.
October 2009
What’s In a Name: Protecting a Trademark and the Wounded Warriors Project
by Errol CopilevitzCharities seek to secure their brand name and develop it. Finding a name that is distinctive and protecting it with the registration of a trademark can be critically important.
August 2009
New FTC prerecorded restrictions to go into effect on September 1, 2009
by William RaneyOn September 1, 2009, the FTC’s amended restrictions on prerecorded calls, as implemented through the Telemarketing Sales Rule, go into effect. On that date, prerecorded marketing calls will only be permitted if the recipient has provided the caller express written consent authorizing the call. This article will briefly examine the new restrictions, exceptions to the rule, and the affect of the new regime on state law.
July 2009
Telemarketing Registration: It’s Not Just for Outbound Campaigns
by Kristen MarshallSeveral different kinds of representations trigger state telemarketing registration requirements, for inbound campaigns. As is the case in all aspects of telemarketing law, awareness of registration requirements is key in staying compliant prior to beginning the campaign and avoiding legal action which can result in fines and penalties for failure to register.