Marashlian & Donahue

Telemarketing & Mass Market Sales

CAN-SPAM, TCPA, Do-Not-Call... FCC, FTC, State AG, Class Action Defense...

If you sell, we've got your compliance needs covered

Telemarketing and other mass marketing techniques have been set upon from all sides by bad press, hostile legislation, and onerous regulatory requirements, both from the federal government and across the states. Indeed, a small fraction of the industry has inflicted great harm and tremendous burdens on the masses of businesses engaged in legitimate mass marketing. Businesses engaged in the world of telemarketing and other mass marketing services must use extreme diligence to ensure compliance with today’s increasingly complex set of rules.

The CommLaw Group represents business owners and call centers engaged in telemarketing and pre-recorded voice message systems throughout the United States and Canada, helping our clients navigate through the web of regulations and laws that has beset this vital industry. We also represent technology companies and communications service providers whose facilities are often utilized to engage mass marketing.

The CommLaw Group can help your organization comply with the growing number of states requiring registration, as well as states with disclosure and contract requirements, plus the applicable federal laws. Our firm maintains updated files on the forms, regulations and laws of all 50 states, including their Utility Commissions and Attorneys General. We also advise clients on national laws and regulations enforced by the Federal Trade Commission (“FTC”), Federal Communications Commission (“FCC”) and even Canadian regulatory authorities (“CRTC”).

 

Ensure your telemarketing business practices are above board and able to withstand the scrutiny of a state Attorney General or FTC investigation by enlisting our firm to help:

  • Review telemarketing scripts and presentations for compliance with the Telephone Consumer Protection Act (TCPA) and Telemarketing Sales Rule (TSR) requirements, including uniform disclosure statements
  • Advise on regulations and policies of the FTC and FCC on the evolving technology of pre-recorded voice message broadcasting (ADAD / autodialers)
  • Register with states that require registration of telemarketing campaigns and help ensure bonding has been secured where necessary
  • Advise when and in which states fees must be paid
  • Advise on list scrub requirements as they relate to the length of a telemarketing campaign
  • Advise when your proposed telemarketing campaign is eligible for exemption from the Do Not Call registry, and when that exemption may expire
  • Review compliance with TSR and individual state Do Not Call requirements
  • 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
  • Advise on CAN-SPAM Act issues and compliance
  • Advise on state consumer protection laws and implications for electronic mail mass marketing

 

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