TELEMARKETING COMPLIANCE LAWYER

The Telephone Consumer Protection Act (TCPA) regulates marketing by telephone and fax and prohibits certain automated calls and text messages. The TCPA requires, in part, that a consumer provide “prior express consent” prior to the initiation of autodialed calls (“robocalls”), pre-recorded voice calls or mass text messaging.

High-stakes TCPA litigation has proliferated in recent years due, in part, to changes and ambiguity in the law. Richard possesses the industry-specific experience to assist marketers with the complexities of the TCPA and other telemarketing regulations, both in litigation and compliance counseling.

Telemarketing Law Compliance Counseling

Telemarketing-related litigation is often a lengthy and expensive proposition.  Preventing such lawsuits via proactive risk mitigation marketing strategies is ideal.  Marketers that are able to demonstrate that written policies, procedures and training protocols have been implemented may be able to avoid litigation.

Richard advises consumer-facing businesses on a variety of regulatory and commercial issues related to the Telephone Consumer Protection Act and telemarketing issues, including compliance protocols and policies. He is adept at identifying areas of risk and is considered an authority on a range of issues involving the interplay between lead generation and telemarketing, including statutes that regulate the telemarketing channel.

His practice includes drafting and negotiating telemarketing contracts, and counseling those engaged in telemarketing and text message campaigns nationwide, including:

• Telemarketers
• Pay-per-call networks
• Affiliates
• Lead generators
• Lead Aggregators
• Billing Aggregators
• Call centers
• List brokers and managers
• Fulfillment centers
• Product and service providers
• Retailers
• Platform providers

As a telemarketing compliance lawyer, Richard’s practical experience is a benefit to those interested in solidifying their telemarketing business practices and compliance protocols in order to ensure that they withstand the scrutiny of the Federal Trade Commission, state Attorneys General, the Federal Communications Commission and class action lawyers.

Telemarketing compliance necessarily involves considering evolving state and federal requirements. Richard assists his clientele to comply with and stay current on regulatory compliance requirements and best practices, including:

• Telephone Consumer Protection Act (TCPA)
• Telemarketing Sales Rule (TSR)
• Do-Not-Call (DNC) and “professional plaintiff” list scrubbing
• Consent and revocation recordkeeping
• Internal DNC policies
• DNC exemptions
• DNC safe harbor considerations
• Call abandonment, ID requirements and curfews
• Training telemarketing staff
• Website disclosures and opt-in language
• Telemarketing and call transfer agreements
• Payment restrictions on sales of debt relief and credit repair services
• Vendor vetting and due diligence
• Telemarketing script review
• Registration
• State-specific telemarketing and DNC rules

TCPA Litigation Defense

Richard possesses substantial experience advising and defending telemarketers, including lead generators and aggregators, against Telephone Consumer Protection Act claims of direct and vicarious liability. He has litigated complex telemarketing cases in multiple jurisdictions, including an insurance lead aggregator in a multi-million dollar TCPA class action, and has successfully assisted clients assess and secure insurance coverage for TCPA claims,.  His counsel also involves matters of "rogue" third-party sender conduct and related indemnification claims.

Potential liability for violating the TCPA is astronomical. It provides for penalties of $500-$1,500 for each call, text message or fax that violates the statute, without any cap on aggregate damages.

It is crucial that you have experienced telemarketing counsel to keep you fully informed of the rapidly changing legal trends, to assess and remedy existing compliance vulnerabilities, to skillfully represent your interests in the event of a regulatory investigation, and to aggressively litigate in the event that your business is named in a class action lawsuit.