Companies with Telemarketing Campaigns
Any business that places or receives calls from the public – including consumers or businesses – needs to ensure that those calls comply with applicable federal and state law.
While some campaigns will largely be exempt from restrictions – for example, an inbound business-to-business campaign – there are still some rules that apply to all calling campaigns, whether conducted in-house or through a third-party agent.
You cannot assume your business partner will comply with those laws unless you specifically delegate those duties pursuant to contract and otherwise.
A business that makes, or causes to make, a telephone solicitation – including inbound, outbound, business-to-consumer and business-to-business calls – is responsible for compliance with applicable law. Ignorance of the law is not an excuse.
Given the potentially catastrophic damages available under some of these statutes – for example, $1,500 or more per call under the Telephone Consumer Protection Act (TCPA), a small amount of compliance effort can save a huge amount of pain.