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Are There TCPA Exemptions for Financial Institutions?
Yes, TCPA exemptions do apply to financial institutions, but they are limited and highly specific. Under the Telephone Consumer Protection Act (TCPA), financial institutions are allowed certain types of communications without obtaining prior express consent. These exemptions include calls or texts for fraud alerts and… Continue Reading
January 23, 2025
Do Federal Telemarketing Regulations Supersede State-Level Laws?
Federal telemarketing regulations, such as the Telephone Consumer Protection Act (TCPA) and the Telemarketing Sales Rule (TSR), establish baseline requirements for businesses engaging in telemarketing. However, these federal laws do not completely supersede state-level laws. Rather, state regulations can impose additional or stricter requirements, making… Continue Reading
What States Have Their Own Laws Regarding Text Message Marketing?
Several states have their own laws and regulations specifically addressing text message marketing, in addition to federal rules like the Telephone Consumer Protection Act (TCPA). These laws may impose stricter requirements, such as additional consent provisions, specific disclosure mandates, or penalties for non-compliance. Below is… Continue Reading
Do I Need to Register as a Telemarketer in All 50 States?
Telemarketing laws in the United States vary by state, but businesses do not necessarily need to register in all 50 states. Federal regulations such as the Telephone Consumer Protection Act (TCPA) establish baseline requirements, while many states have additional rules that require telemarketers to register… Continue Reading
What Role Does Customer Trust Play in the Collection of Zero-Party Data?
Customer trust is the cornerstone of collecting zero-party data. Since zero-party data is willingly shared by customers, it requires a foundation of trust built on transparency, value exchange, and respect for privacy. Without trust, customers are unlikely to share preferences, interests, or intentions, limiting a… Continue Reading
December 13, 2024
Are There Special Compliance Rules During a State of Emergency?
Yes, special compliance rules often apply during a state of emergency. Both federal and state regulations may impose unique requirements for businesses, particularly concerning marketing communications. For instance, the Federal Communications Commission (FCC) may enforce restrictions to protect consumers from predatory practices during emergencies. Similarly,… Continue Reading
Can Consent for Marketing Communications Be Revoked by Individuals?
View Post Yes, individuals have the right to revoke consent for marketing communications at any time. Under various global privacy laws, such as the GDPR and CCPA, individuals are empowered to withdraw their consent to receiving emails, texts, or other marketing messages. Once consent is… Continue Reading
Do I Need Consent for Direct Response Text Marketing?
Yes, businesses are required to obtain consent before engaging in direct response text marketing. Under regulations such as the Telephone Consumer Protection Act (TCPA), express written consent is mandatory for sending automated SMS messages to consumers and businesses. For organizations juggling compliance and marketing goals,… Continue Reading
How Long Should Organizations Retain Consent Records?
Organizations should retain consent records for as long as necessary to demonstrate compliance with applicable privacy and marketing regulations. While specific retention periods vary depending on regional laws and internal policies, retaining accurate and accessible records is crucial to defending against regulatory audits or legal… Continue Reading
How Can Organizations Ensure Ongoing Compliance with Consent Management?
To comply with evolving privacy regulations, organizations need to implement clear policies for collecting, storing, and updating customer consents while regularly reviewing systems for compliance gaps. By doing so, businesses not only mitigate legal risks but also build customer trust by demonstrating respect for their… Continue Reading
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