Telemarketing

Telemarketing is the process of selling products or services over the telephone. It includes inbound and outbound commercial telephone calls. The Federal Communications Commission (FCC), the Federal Trade Commission and state attorneys general enforce telemarketing laws, including, but not limited to, the Telephone Consumer Protection Act and the Telemarketing Sales Rule (TSR) in order to protect consumers from fraud and provide privacy.

  • Craigslist Ad Establishes Consent to be Contacted

    May 15, 2018
    Posted in

    A federal court in Florida has recently ruled that a Craigslist advertisement listing a phone number established consent to be contacted and, therefore, an SMS text message from an online car retailer did not violate the Telephone Consumer Protection Act. The matter involves a classified ad for the sale of a vehicle on Craigslist.  The seller posted…

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  • Court Vacates Key Parts of FCC’s 2015 TCPA Order

    March 17, 2018
    Posted in

    In 2015, the Federal Communications Commission issued a Declaratory Ruling and Order expanding the definition of an automatic telephone dialing system (“ATDS”). The Order also clarified revocation of consent and provided very limited exceptions for reassigned numbers, healthcare, and financial calls and text messages. The Order affirmed that the TCPA makes it unlawful for any…

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  • Mobile Marketing Campaigns – Legalities and Realities

    December 27, 2010
    Posted in ,

    There has never been a better time for businesses that engage in digital marketing to invest in the mobile marketing space.  For those that wish that they implemented “opt-in” databases and SMS text message marketing campaigns last year, it is not too late.  In fact, the percentage of Americans who own smartphones is steadily increasing and now is the time…

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  • Mobile Marketing Association Plans To Develop Comprehensive Self-Regulatory Privacy Guidelines

    December 26, 2010
    Posted in

    On December 20, 2010, the Mobile Marketing Association (“MMA”) announced its plans to develop comprehensive self-regulatory mobile privacy guidelines.  In doing so, the MMA has summoned media companies, mobile carriers, and marketers for assistance. The MMA has emphasized mobile privacy issues such as transparency and “privacy by design” in self-regulatory principles, areas recently identified by…

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