Consult the experts in telemarketing laws and do not call rules.

Telemarketing laws such as the Federal Trade Commission's ("FTC") Telemarketing Sales Rule and the Federal Communications Commission's ("FCC") Do Not Call Rule are specific areas of expertise for Schwartz & Ballen. It provides legal guidance in interpreting these telemarketing laws that require sellers and phone-marketers to make certain disclosures to consumers and establish procedures to ensure that they do not solicit consumers who have added their numbers to the national do not call list.

The Schwartz & Ballen web site provides the text and advisory information on telemarketing laws

Telemarketing laws and the Sales Rule prohibit sellers and phone-marketers from misrepresenting their products and services to consumers, and limits the times during which they may call consumers. Sellers are also prohibited from faxing solicitations to consumers and businesses without the consent of the recipient. Because the FTC's rule does not apply to certain industries such as the banking, securities and insurance industries, the FCC has used its authority to adopt its own Do Not Call rule for banks, insurance companies and securities firms. As a result, all sellers and telemarketers are required to comply with the national Do Not Call registry implemented by the FTC and FCC. Failure to comply with the requirements of these telemarketing laws may expose the company to substantial penalties. In certain instances, these telemarketing regulations also allow state attorneys general to bring enforcement actions against sellers and phone-marketers for violations.

Partner Gilbert Schwartz has helped clients on how to implement proper procedures

He has worked to ensure client compliance with the new regulations and has represented clients before the FTC and FCC to obtain clarification of certain provisions of the rules.

Schwartz's clients include banks, insurance companies, securities firms and telemarketers that solicit customers by means of the telephone. His expertise involves legal issues related to consumer issues in the financial services industry, including the area of privacy.

The Schwartz & Ballen web site provides succinct analyses of activities that affect financial institutions (banks, thrifts, bank holding companies, savings and loan associations, credit unions) in addition to providing the text of significant new legislation and regulations. While major emphasis is placed on the federal level, significant state actions are also covered as are important court cases. The analyses are grouped by areas of expertise - privacy, money laundering, Federal Reserve Board, Office of the Comptroller of the Currency, Federal Deposit Insurance Corporation, Office of Thrift Supervision, Federal Financial Institutions Examination Council, Federal Trade Commission and the Securities and Exchange Commission.

Our regulatory practice ranges from guiding clients through the bank chartering process, obtaining federal deposit insurance coverage, securing approval for bank mergers, developing new products and services in compliance with applicable regulatory requirements, addressing possible enforcement matters, conducting internal investigations in connection with regulatory matters to assisting in preparation for examinations by the agencies.

Partners Schwartz, Ballen and Fox have over 50 years of experience in providing legal guidance to the financial services industry and in addressing legislation and regulations that govern how financial institutions do business. This includes intimate and exhaustive knowledge of the Bank Secrecy Act and related money laundering statutes, the Gramm-Leach-Bliley Act, the Truth-in-Lending Act, the Fair Credit Reporting Act, the Electronic Fund Transfer Act, anti-tying prohibitions, the USA Patriot Act, the Bank Holding Company Act, and the E-Sign Act.

Gain the latest information on the Do Not Call Rule from Schwartz & Ballen.