Consumers often complain about being on the receiving end of telemarketing calls and/or text messages. However,what they do not mentionin their complaintsthe critical fact that they are only on thereceiving endof such calls and textmessagesbecause theywillingly and voluntarilyprovidedconsentto receivethemin accordance withtheTelephone Consumer Protection Act ("TCPA").
The following are common complaints alleged by plaintiffs in TCPA cases, all of which aremootwhereprior express writtenconsent to the receipt oftelemarketing was provided.
1.The call interruptedme during something importantor when I was busy.By providing consent to be contacted by telemarketers,consumersmaybe called,generallybetween the hours of8am and 9pmunder federal law (some states restrict to 8am-8pmand prohibit calling on Sunday and holidays).There is also no such thing as the "ideal" time to call,as every consumer is on a different schedule.Additionally,if a consumerisin an important business meeting, logic and reason would dictatesilencingone's phone, turning offthephone,ornot answering callsfromunknown numbers to avoid potential distractions.
2.The call annoyed me.The answer is simple, if you area consumer whogets annoyedwhenreceiving telemarketing calls and/or text messages, take action. Consumers can blockthe number, request to be placed on the business'internalDo-Not-Call list, or placehis or hernumber on the federalDo-Not-CallRegistry.By providing telemarketing consent, consumers have voluntarily opened the door to receiving the very calls they claimto be annoyed by.
3.I am not interested in what they are selling.Often times, consumersare unable to remember every websitethatthey visited and forget that theyin factprovided telemarketing consent.Consumers will often impulsively providepersonalinformationonwebsites without readingimportant disclosureand consentlanguage.By providing consent, consumers are giving businesses permission tocontact themabout certain products and/or services.
Telemarketing Consent and the Importance of Having Good Legal Counsel
As TCPA lawsuits continue tomount,retainingexperienced legal counsel is more important than ever.Havingseasonedlegal counselas part of your teamensures thatbusinessesonly placetelemarketing calls and/or send text messagesin compliance with applicablestate and federalregulations.From a potential liability standpoint, the most important telemarketing lawisthe TCPA;and proof of telemarketing consent defeats most, if not all, TCPA claims.With the rightlegal counsel, businesses can be sure thatcalls and/or textmessagesare sent to the appropriate people, at the appropriate times, and consist of appropriatecontent.
At the end of the day, the best way to save businesses time and money is to hireknowledgeable telemarketing compliance counsel. With the rightlegal team, businesses can resolve lawsuits quickly and cost effectively, and, ideally,prevent them from happening in the first place. Ifyou require assistance with telemarketing law compliance or related litigation defense, please email us atinfo@kleinmoynihan.comor call us at(212) 246-0900.
The material contained herein is provided for informational purposes only andis not legal advice, nor is it a substitute for obtaining legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.
Related Blog Posts:
A Primer on TCPA Consent Language – Klein Moynihan Turco
Is New York Telemarketing Dead? – Klein Moynihan Turco
Court Finds "Nuisance" to be Concrete Injury under the TCPA (kleinmoynihan.com)
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
