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Top 5 Risks for Inbound Calling Centers

Telemarketers must often navigate a minefield of risks. The Telephone Consumer Protection Act (TCPA), Telemarketing Sales Rule (TSR), various Do Not Call (DNC) laws, and other regulatory statutes present a vast array of potential, costly violations.

What a TCPA Lawsuit Can Cost You

Who stands to bear the costs of a Telephone Consumer Protection Act (TCPA) lawsuit? If you have to ask, the answer is probably, “You do.” Any business that conducts a significant amount of telephone solicitations is at risk of running afoul of the TCPA. Even non-marketing calls can trigger TCPA liability.

How to Effectively Make Use of Telemarketing Safe Harbor Provisions

According to Cornell Law School’s Legal Information Institute, a “Safe Harbor” is “a provision granting protection from liability or penalty if certain conditions are met. A safe harbor provision may be included in statutes or regulations to give peace of mind to good-faith actors who might otherwise violate the law on technicalities beyond their reasonable control.”

FCC Continues to Implement Provisions of the TRACED ACT

The Pallone-Thune TRACED Act was signed into law on December 30, 2019 as a major piece of legislation governing the regulation of robocalls. Last week, the Federal Communications Commission (FCC) continued its implementation of the TRACED Act, announcing new rules and seeking public comment on another proposed rule.

CFPB Asks FCC to Allow Robocalls from Banks About Financial Relief Programs Related to the Coronavirus Crisis

In an unusual move relative to its customary stance on such issues, the Consumer Financial Protection Bureau (CFPB) has requested that the Federal Communications Commission (FCC) ease restrictions on the use of automated phone calls by banks and financial institutions in order to communicate with consumers about the various financial relief programs and services available  to the public in the

Examining the Strategies of a TCPA Litigator

The Telephone Consumer Protection Act (TCPA) is an outdated statute, well overdue for an update (and may well get one, thanks to the case, William P. Barr et al. v. American Association of Political Consultants et al., about to be argued before the Supreme Court). Its flaws and inconsistencies have created a cottage industry of lawsuit-mill litigators.