Back in the spring, Berenson LLP advised its clients as to the impact of the upcoming amendment to the federal Telephone Consumer Protection Act or “TCPA”. The amendment went effective on October 16, 2013, but a huge amount of confusion and misinformation is still swirling around the changes.

Why? Well, part of the fault lies with the Report and Order issued by the Federal Communications Commission (“FCC”) describing the amendment and its impact on telemarketing. The FCC’s releases are not known as models of clarity, and the Report and Order contains some explanations and language that, at best, could be described as “sloppy”, and in some parts it arguably even contradicts itself.

Another problem has been the flow of white papers and “guidance” issued both by law firms and telemarketing companies, oftentimes a bit prematurely, or without a real understanding of – in our case – the remodeling industry. This has resulted in guidance being provided which is usually correct for telemarketing – but not necessarily for a contractor’s telemarketing (conducting telemarketing sales is one thing, setting leads and following up on sweepstake entries is something else).

So, to supplement the advisory memo we issued last spring, and hopefully correct much of the misinformation sitting out there, please consider our Telemarketing Amendment FAQs for Contractors.

For a complete discussion of this and other 2014 hot button topics impacting the safety and profitability of remodelers, join us for our annual Home Improvement Legal Seminar at the PGA Resort in Palm Beach Gardens on January 30-31, 2014.