Businesses conducting outbound marketing through use of text messages, phone calls, voicemail drops, and fax advertisements must regularly evaluate whether their telemarketing practices comply with applicable law. Should a business run afoul of telemarketing regulations, the expenses can add up quickly, with penalties of $500 per call/text and up to $1,500 per call/text for willful and knowing violations of the Telephone Consumer Protection Act (“TCPA”.)
TCPA opinion letters are required in certain transactions and serve as a good barometer for understanding where a business stands with respect to the law, which can save time, money and headaches in the long run. As part of the process in preparing a TCPA opinion letter, attorneys must review various telemarketing practices, policies, procedures and agreements to assess compliance with the TCPA and the Amended Telemarketing Sales Rule (“ATSR”), among other regulations.
If you are unsure as to whether your business needs a TCPA opinion letter (Read: if you need examples of businesses that found themselves in hot water for telemarketing violations), feel free to explore the following lawsuits that we have recently blogged about:
Prepare for a Telemarketing Practice Compliance Assessment
An experienced telemarketing attorney should first conduct a thorough telemarketing practice assessment to determine eligibility for the opinion letter. Often this includes, among other things:
- Reviewing agreements with lead…