Subscribe to Industry Alerts

Mistake of the Week: Do Not Call and Consent Revocations

As the flavor of telemarketing class actions has been changing over the past year or so, more and more claims are going back to the basics – that the contractor failed to place the consumer on the internal do not call list, failed to make the necessary disclosures in the […]

Mistake of the Week: Par Pricing

Par pricing is a commission structure left over from the 1950s and 60s that is unfortunately still in use across our industry and often still promoted by so-called “expert consultants” in the industry. In essence, this is a methodology where a price is set for an installed product, and then […]

Fake Leads and Limitations of Telemarketing Consent Certificates

There are a number of vendors out there that jumped into the telemarketing chaos some time back in an effort to find a solution to consumers arguing that they never actually provided proper telemarketing consent. Some of these products are well-structured, and generally they provide some sort of verification or […]

Be Aware of Telemarketing Record Keeping Requirements

If a dispute concerning telemarketing consent arises, the contractor bears the burden of proof to demonstrate both that a clear disclosure was provided and that the consumer unambiguously consented to receive telemarketing calls to the number he/she specifically provided. Historically, there has been a minimum two (2) year record-keeping requirement […]