The Golan v. Veritas Entertainment, LLC Ruling: Ensuring Your Firm’s Telemarketing Strategy is Compliant
In June 2015, the US Court of Appeals for the Eighth Circuit determined in Golan v. Veritas Entertainment, LLCthat the purpose rather than the content of a telephone solicitation identifies whether it is prohibited telemarketing under the Telephone Consumer Protection Act (TCPA). The case in issue arose from unsolicited, prerecorded telephone calls promoting the movie ‘Last Ounce of Courage’.
The plaintiffs, Ron and Dorit Golan filed a putative class action complaint after they received unsolicited, prerecorded messages on their home telephone stating “Liberty. This is a public survey call. We may call back later.” The message is the shorter version of the message that was played to people who answered the call. The Golans alleged that the Veritas Entertainment had initiated the phone calls as part of telemarketing campaign to promote the movie violating TCPA.
The district court dismissed the complaint, ruling that the Golans did not suffer injury because the messages did not contain an advertisement or solicitation that violates the TCPA and since they received the shorter version of the prerecorded message, the claims were not typical of the putative class members and they were therefore inadequate class representatives. However, the Eighth Circuit reversed, and held that although the calls were not considered as advertising because they did not mention property, goods or services, they would still qualify as “telemarketing” under the TCPA because the phone call was initiated to promote the movie.
This case serves as a reminder for firms to be compliant with the TCPA. Aside from the TCPA, firms should also be familiar of the Federal Trade Commission’s Telemarketing Sales Rule. The rule that protects consumers against fraudulent telemarketing calls. It is important to furnish telemarketing strategies in compliance with this law and rule in order to avoid class action lawsuits.
In this two-hour LIVE Webcast, a panel of distinguished professionals and thought leaders organized by The Knowledge Group will help companies understand the significant ruling of the Golan v. Veritas Entertainment. Speakers will also offer best practices in developing and implementing effective telemarketing strategies in compliance with the TCPA and the FTC’s Telemarketing Sales Rule.
In a two-hour LIVE Webcast, the speakers will discuss:
- Analyzing the Golan v. Veritas Entertainment Eighth Circuit Ruling
- Understanding the difference between ‘advertisement’ and ‘telemarketing’ under TCPA
- Strategic Telemarketing Compliant
- Overview of the FTC’s Telemarketing Sales Rule
- Updates on TCPA