If your telemarketing campaigns involve any calls across state lines you may be subject to the FTC’s Telemarketing Sales Rule. However, businesses that sell insurance have a special limited exemption due to the effect of another federal law, the McCarran-Ferguson Act.
On February 22, 2011, the Federal Trade Commission filed a lawsuit against Phillip A. Flora (AKA “Phil P.”), based on millions of unsolicited text messages allegedly sent to consumers marketing home loan modification and debt relief services.
Monday’s settlement of the “Facebook Firing” case has left employers across the country with little or no guidance on the issue of whether an employer can discipline or terminate an employee who posts disparaging comments about her employer online.
The California Supreme Court has ruled that a consumer’s ZIP code constitutes “personally identifiable information” and thus falls under the state’s strict consumer data privacy law. Online marketing organizations and even some online retailers may find it easier to simply exclude California residents, rather than run the risk of becoming the target of California class action attorneys.
Any company considering SMS text advertising campaign should consider the potential for class action litigation, and take all steps necessary to ensure their marketing practices are compliant.
