M&S Earns U.S. News & World Report 2019 “Best Law Firms” Tier 1 Recognition
We are excited to share that Mac Murray & Shuster has been named to the U.S. News & World Report and Best Lawyers 2019 “Best Law Firms” [...]
Over the last several years, businesses that make outbound calls (or utilize third parties to make outbound calls on their behalf) have focused the majority of their attention and compliance efforts on the Telephone Consumer Protection Act (TCPA). With the prevalence of class action TCPA lawsuits awarding millions of dollars in damages, this is understandable. However, businesses making marketing or charitable solicitation calls must also comply with the Federal Trade Commission’s TSR and similar state laws.
Among other things, the TSR imposes requirements related to the National Do Not Call Registry, internal Do Not Call lists, disclosures, calling times, caller identification information, abandoned calls, prerecorded messages, payment authorizations, and recordkeeping. Noncompliance can result in civil penalties of up to $40,000 per call. The TSR does, however, provide safe harbor defenses for businesses that have implemented the requisite compliance measures. Having a safe harbor compliance program in place is a critical risk mitigation tactic for sellers and telemarketers alike.
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 have significant experience helping clients comply with the TSR and similar state laws. We offer a wide range of TSR services, including the following: