With a myriad of federal and state laws to follow, legally communicating with customers or prospects via phone, text or fax has never been more challenging for your business. Failure to comply with these laws – several of which are broad enough to cover non-marketing and general business-to-business communications – can have significant consequences, including “bet the company” class actions and regulatory enforcement actions. To combat this threat, you need to know how to proactively mitigate risk and effectively defend against lawsuits or investigations when they arise.
Leveraging our insight as former consumer protection regulators, our Teleservices team can help you successfully navigate this rapidly evolving and high-stakes regulatory environment. We routinely advise clients on matters involving the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule (TSR) and state laws governing everything from telemarketer registrations and Do Not Call lists to scripting and call recording practices. Our diverse client base includes sellers, manufacturers, contact centers and vendors in all industry verticals and ranges from small businesses to Fortune 50 companies.
As general counsel for the Professional Association for Customer Engagement (PACE)—the industry association dedicated exclusively to the contact center and customer engagement industry – we are at the forefront of policy matters that impact your business most. We know the law, and monitor all legal developments and court opinions on a daily basis. This helps us work proactively to keep our clients out of trouble and, in the event of a lawsuit, allows us to quickly evaluate the claims and formulate an effective defense strategy.
We offer a full range of legal services that cover all facets of teleservices compliance and litigation, including the following:
- Defense of Class Action and Individual Lawsuits. We have defended numerous companies against class action and individual lawsuits involving the TCPA and similar laws, achieving optimal outcomes for our clients.
- Regulatory Compliance. We regularly counsel clients on how to comply with teleservices and other consumer protection laws without impeding business productivity and flexibility.
- Compliance Audits. We have conducted over one hundred compliance audits, covering a broad range of federal and state consumer protection laws and regulations, including the TCPA, TSR and state teleservices laws. We provide internal audits of our clients’ operations as well as audits of the call centers, dealers and/or vendors with which our clients conduct business.
- M&A Due Diligence. We assist companies with evaluating and mitigating the regulatory compliance risks presented by merger and acquisition transactions involving businesses with teleservices operations.
- Labor and Employment Defense. Call centers face unique issues related to employee classification, incentives, and compensation. We help ensure Human Resource policies are compliant with federal and state regulations, and provide defense of Department of Labor regulatory enforcement action and individual/class action lawsuits.
- Employee Training. We regularly conduct compliance training for our clients to ensure all employees understand the applicable laws and what actions can be taken to mitigate risk.
- Regulatory Advocacy. We frequently advocate for clients’ interests in matters involving the Federal Trade Commission (FTC), Federal Communications Commission (FCC), Consumer Financial Protection Bureau (CFPB) and other federal and state regulators. This includes filing petitions or comments on behalf of our clients and meeting with regulatory agencies.
- State and Federal Investigations. We can help you navigate Do Not Call and other investigations brought by the FTC, FCC or state attorneys general.
- State Registrations and Do Not Call List Subscription. We help clients analyze their telemarketing campaigns to determine state telemarketer registration and Do Not Call list subscription requirements. We also help clients obtain and manage all required registrations and subscriptions.