Texas Introduces Data Privacy Legislation

Texas is the latest state to introduce very strict data privacy legislation. This comes just weeks after the State of Washington passed what is likely the strictest state data privacy law to date. Two bills have been introduced in the Texas House of Representatives. The first bill, the Texas Consumer Privacy Act, would give consumers the right to request that companies delete their personal information, opt out of the sale of their information, and request access to see what data exactly a business has. Read the full text here. The second bill, the Texas Privacy Protection Act, focuses primarily on electronic data. Businesses would be required to develop data security programs and delete electronic data of a consumer within 30 days of account closure. Read the full text here. With three states now having introduced or enacted strict data privacy laws (CA, WA, & TX), businesses should anticipate that more states will follow suit.
Telemarketing companies, in addition to understanding privacy laws, should be sure to understand telemarketing compliance regulations, robocall laws, autodialer laws, telemarketing license requirements, telemarketing rules, and telemarketing bond requirements.

FTC and FDA Send Warning Letter to CBD Companies 

The FTC and FDA have send a joint letter to several companies warning them against advertising and selling products containing cannabidiol (CBD) and claiming that they can treat Alzheimer’s, cancer, and other diseases. According to the FTC's press release, "The joint FTC and FDA letters warn the companies about the potential legal consequences of making unsupported health and efficacy claims in advertising, and strongly urge them to review all product claims they are making to ensure they are supported by competent and reliable scientific evidence. The letters instruct the companies to notify the FTC within 15 days of receipt of the letter of the specific action taken to address the agency’s concerns." If your company markets CBD oil or any similar products, be sure you don't make any claims that could lead to FTC warnings such as this.

FTC Cracks Down on Operations Accused of Generating Billions of Robocalls

Recently the FTC settled with four different businesses accused of making billions of unwanted robocalls to consumers in the United States. The robocalls promoted auto warranties, debt relief services, home security systems, charities, and SEO services. According to the FTC's press release, "The settlements are part of the agency’s ongoing efforts to combat the scourge of illegal robocalls. Under the court orders announced today, the defendants are banned from robocalling and most telemarketing activities, including those using an automatic dialer, and will pay significant financial judgments. The defendant in one of these cases provided the software platform that resulted in more than one billion illegal robocalls." Using prerecorded messages to market your products can be a very efficient strategy, but be sure that you do it in a compliant way that will reduce consumer complaints. Click here to read more about each of the four settlements.
Do you need help understanding any of this information? Contact a telemarketing compliance lawyer or TCPA attorney. Telemarketing law firms can help significantly in your quest for full telemarketing compliance.