Telemarketing

On May 18, 2018, South Carolina enacted the Telephone Privacy Protection Act. In short, the telemarketing law is intended to prohibit telephone solicitors from: Initiating or causing to be initiated a telephone solicitation during certain hours of the day To require telephone solicitors to disclose certain information at the outset of a telephone solicitation, including the consumer’s right…

The District of Arizona recently became one of the first courts in the nation to address the definition of an “automatic telephone dialing system’ (“ATDS”) following the recent D.C. Circuit ruling in ACA International v. FCC (D.C. Cir. 2018). In ACA, the D.C. Circuit, inter alia, rejected the FCC’s definition of ATDS. It held that…

Leadscon, the premier conference for networking, education, and premium content focused on the performance and lead generation industry, recently published an article by FTC advertising compliance attorney Richard B. Newman about the District of Nevada granting summary judgment to CBE Group, Inc. on a TCPA claim. Notably, the District of Nevada relied upon the ACA International v.…

On April 19, MarketingProfs published an article authored by telemarketing compliance attorney Richard B. Newman, entitled ‘The B2B Exemption to the Telemarketing Sales Rule.’ In the article, Richard discusses the FTC’s Telemarketing Sale Rule (TSR) and its key provisions, including disclosure obligations,  prohibited misrepresentations, calling curfews, caller ID requirements, abandonment prohibitions, billing and payment restrictions, upsell requirements, pre-recorded message restrictions and…