Operating a Telemarketing Call Center is a fantastic way to reach a large targeted audience with the goods or services that a Telemarketing Call Center has to offer. However, operating a Telemarketing Call Center without adhering to the maze of stringent state and Federal regulations is a great way to easily land a Telemarketing Call Center in serious legal peril.
A Telemarketing Call Center must comply not only with the various requirements set forth by the Federal government, but also those laws set forth by the state(s) it’s calling into and out of. For example, a Telemarketing Call Center must be aware of ‘Do Not Call List’ restrictions at both the Federal and state levels. Depending on a Telemarketing Call Center’s operations, it also may have to comply with the Federal Telephone Consumer Protection Act (“TCPA”) which restricts the parties that a Telemarketing Call Center can contact if it is using certain technologies, including but not limited to automated dialing technology and pre-recorded voicemail messages. If a Telemarketing Call Center does not adhere to the TCPA’s requirements, it faces hefty statutory penalties of $500-$1500 per call. Due to the nature of the TCPA and Telemarketing Call Centers, such violations easily lend themselves to Class Action Lawsuits.
In addition to adhering to restrictions required by State & Federal ‘Do Not Call Lists’, and the Federal TCPA, among other regulations a Telemarketing Call Center must abide by are those licensure set forth by the individual states. A state by state analysis must be conducted on the states that the Telemarketing Call Center is conducting operations from and into. Many states require that a Telemarketing Call Center either register to receive a commercial telemarketing license or apply for an exemption from licensure requirements. The penalties for non-compliance can be severe. In Florida, for example, if a Telemarketing Call Center fails to either register for the required license or exemption, it can face civil fines up to $10,000 per violation; furthermore, Florida considers it a third degree felony to engage in non-exempt telemarketing activities without the appropriate licensure. Telemarketing Call Center compliance is imperative to an operation’s success and longevity.