Inside The Ad Law Tool Kit: Telemarketing And Texting

Join us as we offer a sneak peek into select chapters from the newly released 14th edition of Venable’s Advertising Law Tool Kit, which helps marketing teams navigate their organization’s legal risk. Want more? Click here to download the entire Tool Kit.

Telemarketing and Texting

Telephone and text message marketing poses private litigation risks and regulatory hurdles that should be considered before any campaign. The Federal Trade Commission (FTC), the Federal Communications Commission (FCC), and states enforce do-not-call (DNC) laws and impose multiple other requirements regarding calling manner, disclosures, consent, opt-out, calling hour limits, caller identification, and telemarketer registration. Calls and texts made to cell phones through the use of certain types of dialing technology (including autodialers) and prerecorded messages (so-called robocalls) require particular attention, as much of the enforcement and litigation in this area involves texting and robocalling.