Marketing Law

It is not uncommon for businesses to buy leads from third-party marketers. These leads often include consumers that have agreed to receive contact about a specific subject matter but are not aware of the specific seller. However, during the initial call the consumer...

Can the government hold a business liable if a third-party marketer, hired to help the marketing of the business, violates the law? That was the question in a recent case. The case involved a business that contracted with a third-party to provide telemarketing calls...

Congress enacted the Telephone Consumer Protection Act (TCPA) in the early nineties to address complaints from consumers about the growing number of calls from businesses. The intention was good: to help free consumers from irrelevant and excessive calling....

President Donald Trump signed the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED) into law near the end of 2019. The law limits the number of calls that businesses can make, even if those calls are exempt from the Telephone Consumer...

It may be tempting to think the Telemarketing Sales Rule is one that only apply to large businesses. Surely the feds only care about massive retail giants, right? Unfortunately this presumption is not just wrong, but it could get you and your business into serious...

The Federal Trade Commission (FTC) created the Do Not Call (DNC) Registry in 2003. It is a list of consumers who have elected to limit contact from telemarketers. This rule limits intrastate calls used by a seller or third party to sell a good or service. What if...

Congress enacted the Telephone Consumer Protection Act (TCPA) to protect consumers from unscrupulous business practices. Unfortunately, although the lawmakers’ purpose for the TCPA was good, the reality does not always play out as intended. It is not uncommon for...