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Developing, structuring and defending telemarketing-related policies, protocols and procedures at the state and federal level – including advanced strategic preparation against governmental investigation and class action litigation.
No law firm has handled more telemarketing related investigations and class action defenses involving the home improvement industry than BLLP.
Since the implementation of the federal do not call registry in 2003, BLLP has been at the forefront in preparing clients on this issue – now the number one liability in our industry. It’s important to keep in mind that there is a vast difference between telemarketing and telemarketing as it occurs within the improvement and remodeling industry. As a general rule, contractors in our industry do not engage an actual telemarketing sales, and many telemarketing regulations may do not even apply to a typical contractor. Because of this, even well-intentioned attorneys and contractors are challenged to understand industry-specific compliance with the complex array of telemarketing regulations instituted by the Federal Trade Commission (FTC) under the Telemarketing Sales Rule (TSR) and by the Federal Communications Commission (FCC) under the Telephone Consumer Protection Act (TCPA). The issue then becomes even more complex due to the nuances implemented by those states that have their own telemarketing laws.
Our attorneys have defended hundreds of telemarketing class actions and investigations for industry clients. There is literally no aspect of telemarketing methodologies we are not steeped in, from creating underlying formats and scripts for our clients to modifying existing lead generation materials and structures and defending them when attacked.
Unfortunately, an almost circus-like environment has recently developed among so-called “telemarketing experts”: lawyers and consultants who fancy themselves to be the final voice in telemarketing consulting. There is a group of 1-800-sue-you lawyers that have been making millions of dollars bringing telemarketing class actions against contractors, while “telemarketing defense lawyers” troll the courthouses and send out tasteless solicitation letters to any contractor who’s been sued, in an effort to get new clients. And the only ones who win are the lawyers.
What is vital to understand is that while telemarketing and texting compliance can be complex, it’s not rocket science. Once it’s dialed in you should be protected, regardless of the manner and method of your lead generation. But nowhere is our motto “It is much easier to stay out of trouble than it is to get out of trouble” more applicable. These days it’s less about the actual telephone call or the text than about the manner in which the lead has been generated to provide us the necessary authorization in which to then make that telephone call or text.
