Available in:

OnDemand Course

Rules, Regulations, and Litigation Risks for Calling and Texting Cell Phones

Learn how to create call and text campaigns from a legal standpoint while staying compliant with the FCC.

Nearly all companies and organizations are looking for ways to connect with customers and consumers via telephone and text messaging. However, a complex framework of federal and state legal requirements can trip up any well-meaning company. The threat of law enforcement scrutiny and private litigation makes telephone and texting outreach efforts even more precarious. And, since the rules are not always clear-cut, trends in regulatory interpretation and court decisions play an important factor in compliance. This information will help individuals responsible for legal, marketing, and regulatory compliance understand how to craft telephone and texting campaigns in accordance with legal requirements. This information will break down the key requirements of the Federal Communications Commission, the Federal Trade Commission, and the states so that participants can easily spot the potential pitfalls in their campaigns and have the tools to craft compliant messaging and delivery systems. This topic will discuss current trends in class action litigation plaguing businesses in virtually all industries that communicate with their customers via telephone and text. You will gain a better sense of the do's and don'ts in telephone and texting outreach campaigns.

89 minutes
Course Exam
Certificate of Completion
Purchase Options

Add to Wishlist

More Program Information

Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Understanding Compliance Requirements

  • Federal and State Regulatory Framework for Telemarketing and Texting
  • Which Types of Calls and Texts Are Covered by Rules and Regulations, and Which Ones Are Not
  • When Is Consent Required and How Can You Obtain It

Current Issues and Trends

  • Where Are the Regulators Focusing Their Rulemaking and Enforcement Efforts?
  • How Courts Are Interpreting Outdated Rules and Definitions
  • Dealing With Practical Problems, Such as Calling Wrong Numbers or Revocation of Consent

New Technologies and Calling Platforms

  • What Calling Technologies Constitute an Autodialer?
  • Are New Approaches Such as Ringless Voicemail, In-App Messaging or Push-Notifications Covered by the Telemarketing/Texting Rules?
  • What Current Regulatory Proceedings Are Addressing New Technologies and Platforms?
Purchase Options

Add to Wishlist

More Program Information

Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, New Hampshire, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on May 12, 2020.

Call 1-866-352-9540 for further credit information.

  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CO CLE 2.0
     
  • Lorman Education Services is a Certified Provider, as recognized by the Colorado Supreme Court Continuing Legal and Judicial Education Committee. This program is approved for 2.0 credit hours.
     
  • NM CLE 1.5
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit.
     
  • NY CLE 1.5 including Skills 1.5
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Skills for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for credit for established attorneys only. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Purchase Options

Add to Wishlist

More Program Information

Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Ellen T. Berge, Esq.

Ellen T. Berge, Esq.

Venable LLP

  • Partner at Venable LLP’s Advertising and Marketing Practice Group
  • Counsels large, nationally-branded companies, smaller entrepreneurs and not-for-profit organizations in all aspects of telemarketing law compliance, regulatory law enforcement and private litigation
  • Frequent writer and speaker on regulatory developments, compliance requirements, law enforcement priorities and litigation matters related to telemarketing rules and regulations
  • Member of the Brand Activation Association, Electronic Transactions Association, and Merchant Acquirers Committee (MAC)
  • Clients include major brand advertisers and marketers in various retail industries, direct-to-consumer sellers, lead generators, fulfillment companies, payment processors, and others involved in the sales and marketing of products and services
  • Recognized by Legal 500: Advertising and Marketing, 2019; Recipient of Corporate INTL magazine Global Award: Advertising Law – Attorney of the Year, Washington, DC, 2016
  • J.D. degree, magna cum laude, Catholic University of America, Columbus School of Law; B.A. degree, University of Virginia
  • Can be contacted at 202-344-4704 or [email protected]
Purchase Options

Add to Wishlist

More Program Information

Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

  • OnDemand Courses
  • Live Webinars
  • MP3 Downloads
  • Course Manuals
  • Executive Reports
  • White Papers and Articles

Additional benefits include:

  • State Specific Credit Tracker
  • All-Access Pass Course Concierge

Questions? Call 877-296-2169 to speak with a real person.

Sign Up Today
With This Course

Access to all training products for one year
$699/year

Unlimited Lorman Training

With the All-Access Pass there is no guessing what you will need for your yearly training budget. $699 will cover all of your training needs for an entire year!

Easy Registrations

Once you purchase your All-Access Pass you will never be any further than one-click away from attending any Lorman training course.

Invest in Yourself

You haven't gotten to where you are professionally by luck alone; it's taken a lot of hard work and training. Invest in yourself with the All-Access Pass.

Product ID: 407407
Published 2020
Purchase Options

Available in Multiple Formats

Purchase this course and learn on your schedule!