TCPA & Telemarketing Compliance
Practical compliance counsel for businesses using calls, texts, and marketing campaigns.
Telemarketing compliance involves far more than obtaining consent. Dialing technology, do-not-call procedures, vendor oversight, calling restrictions, and state registration requirements can each create separate exposure under the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule (TSR), and state law. Bubeck Law helps businesses build and review calling and texting programs with clear procedures, defensible documentation, and practical safeguards against demand letters, regulatory inquiries, and litigation.
Concerned about your company’s calling or texting practices?
We identify applicable requirements, prioritize key risks, and provide a practical path forward.
Managing Telemarketing Risk
Identify compliance gaps before they become claims through targeted TCPA, TSR, and state-law audits
Build defensible consent practices for calls, texts, lead generation, and online forms
Evaluate emerging technologies involving prerecorded messages, AI-generated voices, and automated dialing
Provide clear legal opinions on dialing platforms, including whether they qualify as an automatic telephone dialing system (ATDS)
Strengthen day-to-day compliance with do-not-call, calling-time, caller ID, call-abandonment, and opt-out requirements
Determine where registration is required through nationwide telemarketing registration and exemption analyses
Handle required state filings from preparation through submission and renewal
Reduce third-party risk through vendor, lead-generator, and call-center contract reviews
Turn legal requirements into practical procedures through customized policies and employee and vendor training
Keep legal teams ahead of changing laws with regularly updated compliance charts and practical legal alerts
Support related privacy needs with customized privacy policies, website terms, and data processing agreements
Frequently Asked Questions
What type of consent is required for marketing calls and text messages?
Consent requirements depend on the purpose of the communication, the technology used, and the applicable federal and state laws. Certain telemarketing calls and texts require prior express written consent, while other communications are subject to different standards. We help businesses develop compliant consent language and reliable documentation practices.
Do state telemarketing laws impose requirements beyond the federal TCPA?
Yes. Some states have enacted “mini-TCPA” and telemarketing laws that impose stricter consent standards, calling-hour restrictions, registration obligations, and do-not-call requirements. Compliance with federal law alone may not be sufficient.
Do telemarketing laws apply to business-to-business calls and texts?
Sometimes. Although certain requirements contain exemptions or apply differently to B2B communications, business-to-business campaigns are not automatically exempt. The analysis depends on the type of communication, the number contacted, the technology used, and applicable state law.
Can a company be liable for calls or texts made by its vendors?
Yes. Businesses may face direct or vicarious liability for communications placed by lead generators, marketing partners, call centers, and other vendors. Clear contracts, appropriate oversight, and documented compliance controls can help reduce that risk.
Can a telemarketing compliance audit be protected by attorney-client privilege?
Potentially. When properly structured and conducted by outside counsel to provide legal advice, certain audit communications and work product may be privileged—an important advantage over using a non-legal compliance consultant. Privilege is not automatic, however, and must be protected from the outset.
What does a telemarketing compliance audit cover?
An audit can examine consent and opt-in practices, calling and texting technology, do-not-call procedures, calling times, disclosures, caller ID, call abandonment, prerecorded or AI-generated calls, vendor relationships, and state registration requirements. The scope should be tailored to the company’s actual marketing practices and risk profile.
Talk With a Telemarketing Compliance Attorney
Contact Bubeck Law to discuss your company’s calling, text messaging, lead-generation, vendor, or telemarketing compliance practices.