Guide to Federal and State Telemarketing Law

The Guide to Federal and State Telemarketing Law is the only comprehensive, detailed and current source for all of the statutes and regulations that affect calling and texting to consumers in the United States. Each jurisdiction, including federal authorities, the 50 states, the District of Columbia and Puerto Rico has its own section consisting of a narrative summary, practice tips and a matrix that sets out the jurisdiction’s rules for registration, do-not-call compliance, automated calling, date and time-of-day compliance, required scripts and disclosures, Caller ID transmission, facsimile advertising and recordkeeping. The Guide also describes the penalties for violation of each jurisdiction’s rules, and the availability of private rights of action, statutory damages awards and awards of attorneys’ fees.

The Guide is more than a cut-and-paste of the telemarketing statutes and regulations, which are notoriously ambiguous, confusing and filled with traps for the unwary. We have examined the administrative decisions, regulations, state enforcement proceedings and state court decisions that show how the statutes are applied in the real world, and have supplemented that research with correspondence and telephone conversations with state regulators. We also monitor the state legislatures, court dockets and attorney generals’ initiatives to ensure that our quarterly updates to the Guide are as current and accurate as possible.

Although the Guide is a compliance resource and not legal advice, we have tried to achieve a result that is as careful and complete as we would make it if a client had retained us to prepare it.

To order the Guide, just fill out the form below or contact us by telephone or email. If you would like a PDF sample of the Guide’s contents, please send an email to Mary Vitek at mvitek@kennedyonprivacy.com.