Straight Talk on Telemarketing

The telemarketing attorneys at The Lustigman Firm work with business owners and call centers engaged in telemarketing and pre-recorded voice message systems in New York and New Jersey, and throughout the United States and Canada.

Ensure your telemarketing business practices are above board and able to withstand the scrutiny of a state attorney general or an FTC investigation. Contact The Lustigman Firm to talk directly to a telemarketing attorney about the following services:

• 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's 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

Do Not Call Violations

The Lustigman Firm handled one of the most significant lawsuits in recent telemarketing history, representing a direct marketer who made over 100,000 calls to persons on the national Do Not Call Registry. Our telemarketing lawyers worked with the telemarketing client and the FTC to establish procedures to prevent future violations and enabled the client to settle the matter out of court for a fraction of the potential penalty that could have been assessed.

Telemarketing Defense and Due Diligence

• Do you have a safe harbor in the face of potential litigation from the FCC or FTC?
• Can you be held liable for the action of a telemarketer for whom you supply goods or services?
• Can you, as a telemarketer, be held liable for the actions of a vendor who may be violating Telemarketing Sales Rules (TSR) regulations?

While our attorneys are prepared to take a case to court, avoiding litigation is always preferable. That's why we work with telemarketing companies to ensure protocols are in place and telemarketing staff are trained to comply with state and federal Do Not Call requirements. Marketing companies that can demonstrate to regulators that they had written procedures, training, and self-checking mechanisms in place-who demonstrate due diligence-can often avoid litigation.

Supplier Liability

Regulators, including the Federal Trade Commission, can and do hold the suppliers of telemarketing companies liable for illegal conduct of the telemarketer they work with and for, if they knew or should have known that their clients were violating the Telemarketing Sales Rule. The Lustigman Firm represents list brokers, list managers, automated clearing houses, fulfillment facilities, and printing companies who face legal challenges relating to the Telemarketing Sales Rule (TSR) and the Gramm-Leachy-Bliley Act (GLB) and works to establish best practice protocols that can be implemented on an ongoing basis.

We represent clients facing FTC and regulatory investigations and litigation, and lawsuits from states attorneys general and district attorneys, the Federal Trade Commission (FTC), and the Federal Communications Commission (FCC).

Contact the telemarketing lawyers of The Lustigman Firm.

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Marketing Law Basics