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Straight Talk on Telemarketing Law

The telemarketing attorneys at Olshan work with business owners and call centers engaged in telemarketing and text message campaigns in New York and New Jersey, and throughout the United States and Canada.

Ensure your telemarketing business practices are above board and able to withstand the scrutiny of a state attorney general or a Federal Trade Commission (FTC) investigation. Contact Olshan to talk directly to a telemarketing attorney about the following services:

  • Review telemarketing scripts and presentations for compliance with the Telephone Consumer Protection Act (TCPA) and Telemarketing Sales Rule (TSR) requirements;
  • Advise on regulations and policies of the FTC and Federal Communications Commission (FCC) on evolving areas such as text messaging and pre-recorded voice message broadcasting (ADAD/autodialers);
  • Assist in registering with states that require registration of telemarketing campaigns and help ensure bonding has been secured where necessary;
  • Advise on list scrub requirements for internal Do Not Call (DNC), national DNC, state DNC, Neustar wireless, and other relevant registries;
  • Advise when your proposed telemarketing campaign may eligible for exemption from the national DNC registry, and when that exemption may expire;
  • Review compliance with TSR and individual state DNC requirements; and
  • Conduct due diligence review on behalf of suppliers to help ensure your telemarketing client is not engaging in acts that violate state or federal regulations, including:
    • The Telemarketing Sales Rule (TSR),
    • The Telephone Consumer Protection Act (TCPA), and
    • The Gramm-Leach-Bliley Act (GLB).
TCPA Defense

We have substantial experience successfully defending individual and class action TCPA actions in courts around the nation. To do so, we have utilized a number of creative legal strategies. We strive to stay on top of TCPA law with cutting-edge legal defense theories to defeat or resolve TCPA cases as early in the litigation as possible. We also defend FTC and FCC investigations relating to matters involving TCPA subject matter, such as text messages and pre-recorded voice broadcast messages.

Do Not Call Violations

We handled a landmark do not call investigation representing a direct marketer who made over 100,000 calls to persons on the national DNC Registry. Our telemarketing lawyers worked with the telemarketing client and the FTC to establish procedures to prevent future violations and enabled the client to settle the matter out of court for a fraction of the potential penalty that could have been assessed.   We have helped numerous other marketers address allegations of DNC violations, and advised on call campaign data structures to help avoid future charges.

Telemarketing Defense and Due Diligence
  • Do you have a safe harbor in the face of potential litigation from the FTC?
  • Can you be held liable for the action of a telemarketer for whom you supply goods or services?
  • Can you, as a telemarketer, be held liable for the actions of a vendor who may be violating TSR regulations?

While our attorneys are prepared to take a case to court, avoiding litigation is always preferable. That’s why we work with telemarketing companies to ensure protocols are in place and telemarketing staff are trained to comply with state and federal DNC requirements. Marketing companies that can demonstrate to regulators that they had written procedures, training, and self-checking mechanisms in place-who demonstrate due diligence-can often avoid litigation.

Supplier Liability

Regulators, including the FTC, can and do hold the suppliers of telemarketing companies liable for illegal conduct of the telemarketer they work with and for, if they knew or should have known that their clients were violating the TSR. Olshan represents list brokers, list managers, automated clearing houses, fulfillment facilities, and printing companies who face legal challenges relating to the TSR and work to establish best practice protocols that can be implemented on an ongoing basis.

We represent clients facing FTC and regulatory investigations and litigation, and also lawsuits from private litigants, state attorneys general, the FTC, and the FCC.

For practical legal advice on telemarketing law, contact:

Andrew Lustigman Email
Scott Shaffer Email
   

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