News

December 13, 2019

Non-Prime Times publishes Partner Michael Goodman's article on applying TCPA to ringless voicemail services

In the November/December issue of the NAF Association's Non-Prime Times Magazine, Partner Michael Goodman cautions dealers and automotive sales companies to proceed with caution when using ringless voicemail services to reach leads and current customers, especially when using third-party lead generators.

Citing recent cases where defendants have argued unsuccessfully that ringless voicemail services should be considered "information service technologies" beyond the reach of the Telephone Consumer Protection Act (TCPA), Michael advises that companies plan campaigns carefully to ensure that they have the required form of consent under the TCPA. Because this consent must be company-specific, it can be difficult for third-party lead generators to provide consumer leads in a way that satisfies the TCPA's consent standard for prerecorded marketing messages.

Michael advises clients on compliance with federal laws enforced by the Consumer Financial Protection Bureau, the Federal Trade Commission, the Federal Communications Commission and other federal agencies. His compliance counseling practice focuses on standards regulating the manner in which businesses market to and communicate with customers and potential customers as well as proper collection, use, and disclosure of customer information.

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