The Fifth Amendment includes a fundamental right against self-incrimination. This means that individuals can refuse to answer questions or provide information that could incriminate them. The right to “plead the Fifth” is well-known, but its application is often misunderstood. Knowing when and how this right can be used to protect yourself legally can be critical. What the Fifth Amendment Protects You From The Fifth Amendment guarantees that the government cannot compel individuals to provide incriminating information about themselves. This is commonly known as “pleading the Fifth.” It applies ..read more

The Federal Trade Commission (FTC) has decided to generally prohibit non-compete agreements, which will affect businesses and their employees across the United States. This new rule could redefine how professionals transition between jobs and how companies protect their interests. The decision reflects a broader effort to promote job mobility and increase wage growth across various industries. As the rule is set to take effect in September 2024, the landscape of American labor law faces a transformative adjustment. What Business Looks Like Without Non-Compete Agreements The FTC’s new rule mark ..read more

The Federal Communications Commission (FCC) has recently implemented a new regulation known as the “1:1 Consent Rule,” which carries significant ramifications for the telemarketing sector. Telemarketing professionals must understand the intricacies of this rule and the potential effects on their operations.  The Basics of Lead Generation Imagine that you have a company that is selling travel packages. The travel company may go out and hire someone responsible for generating leads. These are organizations that bundle names and sell them. As we have discussed, when you pay for these leads ..read more

In telemarketing, the word ‘consent’ carries a weight that cannot be overstated. It is the underlying principle for lawful communication with potential customers. Without consent, telemarketers are assuming a wide range of unnecessary legal risks. We will explain the significance of obtaining and documenting consent within the telemarketing industry. In addition to being the cornerstone of compliance, it is fundamental for developing trust with your customers.  A Basic Overview of Consent  The first step in developing a telemarketing strategy is understanding what consent means in t ..read more

Managing your Do Not Call (DNC) List is a critical compliance requirement for telemarketing agencies. Mismanagement of this list can easily lead to severe legal consequences, including very significant monetary relief and damage to your business’s reputation. At Cove Law, we offer guidance to ensure your telemarketing company maintains compliance with applicable state and federal laws. Achieving this demands (in part) managing your DNC list thoroughly and effectively. We put together a quick guide to highlight some essential practices and common pitfalls that telemarketing companies fall vict ..read more

Record-keeping isn’t just an administrative formality; it’s the bedrock of compliance, dispute resolution, and performance improvement. Because of the many laws and regulations that govern the telemarketing industry, it is paramount that anyone within this industry keeps thorough and accurate records. These can safeguard against potential legal challenges and simultaneously serve as a roadmap for shaping future policies and procedures. When every interaction is well-documented, you and your business are better-positioned to address and resolve any issues that may arise. Why Record-Keeping Mat ..read more

  Running and maintaining a telemarketing company requires strategic planning. One of the foundational elements to consider is selecting an appropriate business entity. The type of business entity you choose influences your legal structure, operational dynamics, and financial aspects. This decision sets the tone for your business’s trajectory and impacts how you will realize your long-term goals and vision. This blog explores some of the considerations inherent in choosing a business entity. It emphasizes the significance of obtaining professional counsel and adhering to regulatory fram ..read more

In a recent lawsuit filed against New York-based Fluent, LLC, it was accused of operating a massive “consent farm”. If you have never heard of this term, it usually refers to an entity that collects people’s personal information—along with a consent form—to then sell it to telemarketers. In past blog posts, we have discussed the dangerous inherent in buying from third-party vendors, and this is a prime example of why. Here, Fluent, LLC is accused of using deceptive tactics to obtain consumers’ consent. If true, this not only violates federal laws, but it also tarnishes the telemarketing indus ..read more

Choosing a business entity is often a new entrepreneur’s first significant decision. Selecting an entity has significant long-term consequences because it impacts both your legal and financial responsibilities. Those who don’t take the time to consider their options may regret their haste later on. In this blog, we will briefly look at the various business entities available to start-ups and entrepreneurs while also looking at what factors they should consider.  Breaking Down the Various Entities The most basic (and straightforward) option is a sole proprietorship. This is when an individ ..read more

Most business-to-business calls are exempt from the do not call registry if they are made to sell the business a product or service. However, calls to individuals who work at that business to sell them personal goods or services are not exempt. These calls are indeed covered by the do not call registry.  When it comes to B2B calls, they are exempt from the DNC requirements only under certain conditions. Understandably, this causes a significant amount of confusion. The fines associated with violating this rule can be catastrophic to a business, and being ignorant of the laws and regulati ..read more