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Are There TCPA Exemptions for Healthcare Providers?
Yes, there are specific exemptions under the Telephone Consumer Protection Act (TCPA) for healthcare providers. These exemptions primarily apply to calls or text messages that are considered essential to patient care, that could be deemed marketing communications. However, healthcare providers must still comply with certain… Continue Reading
November 14, 2024
Are EBR Calls Exempt from DNC Regulations?
Yes, calls made under an Established Business Relationship (EBR) can be exempt from the National Do Not Call (DNC) Registry rules. This means that if you have a valid EBR with a customer, your organization may be permitted to make sales calls to that individual… Continue Reading
How Do Consumers Report a Number to the FTC?
Reporting a phone number to the Federal Trade Commission (FTC) is a straightforward process. Consumers can visit the FTC’s website and use their online complaint form to report unwanted calls. Alternatively, they can call the FTC’s toll-free number to file a complaint. Once the report… Continue Reading
September 27, 2024
What Is Vicarious Liability under the TCPA?
Vicarious liability under the Telephone Consumer Protection Act (TCPA) refers to a situation where a company can be held legally responsible for the actions of a third party, such as a vendor, contractor or franchise who engages in unlawful telemarketing on the company’s behalf. Even… Continue Reading
What Are the Penalties for Calling a Phone Number on the Do Not Call List?
Calling a phone number that is registered on the National Do Not Call (DNC) List can result in severe penalties for businesses, depending on the circumstances. The Federal Trade Commission (FTC) and Federal Communications Commission (FCC) enforce the regulations that govern the Do Not Call… Continue Reading
What Is the Difference Between a State and National Do Not Call List?
The National Do Not Call (DNC) List, managed by the Federal Trade Commission (FTC), is a centralized registry designed to prevent consumers from receiving unwanted telemarketing calls. However, many states also maintain their own Do Not Call lists, which have additional rules and regulations that… Continue Reading
Does the Do Not Call List Always Work?
The National Do Not Call (DNC) Registry was designed to protect consumers from unwanted telemarketing calls. While the list is effective at reducing the volume of unsolicited sales calls, it doesn’t stop all unwanted calls. Exemptions exist for certain types of calls, such as those… Continue Reading
Do Companies Need to Keep an Internal DNC List?
Yes, companies are required to maintain an internal Do Not Call (DNC) list. Under the Telephone Consumer Protection Act (TCPA), businesses must keep a list of individuals who have requested not to receive further marketing communications, regardless of whether these numbers are also listed on… Continue Reading
Am I Legally Required to Let Consumers Know How to Opt Out of Receiving Marketing Communications?
Yes, you are legally required to inform consumers of their right to opt out of receiving marketing communications. This applies to various channels, including phone calls, text messages, and emails. Failure to provide clear opt-out mechanisms can result in significant legal penalties under regulations such… Continue Reading
Is There a National DNC Safe Harbor?
Yes, there is a national Do Not Call (DNC) safe harbor provision, but it comes with specific requirements. This safe harbor is designed to protect companies from potential legal liabilities under the Telemarketing Sales Rule (TSR) and the Telephone Consumer Protection Act (TCPA), provided they… Continue Reading
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