Join us as we spotlight select chapters of Venable’s popular Advertising Law Tool Kit, which helps marketing teams navigate their organization’s legal risk.
Telephone and text message marketing is subject to complex litigation risks and regulatory challenges, requiring careful compliance. Federal laws like the Telephone Consumer Protection Act (TCPA) and state-specific laws regulate marketing calls and texts, focusing on the use of autodialers, prerecorded messages, and consent requirements.
The Supreme Court’s 2021 decision narrowed the definition of “autodialer,” yet lawsuits under the TCPA and state laws continue, with states like Maryland and Florida enforcing stricter rules. Consent is critical, especially for robocalls and robotexts, with evolving requirements from the FTC and FCC.
Businesses must comply with do-not-call (DNC) laws, scrubbing numbers against DNC lists, adhering to calling time limits, and ensuring proper disclosures. New state laws also address artificial intelligence and telemarketer registration, adding further complexity.
