Telemarketing Expert Witnesses

Telemarketing expert witnesses may provide reports and opine concerning call center agents, computer telephony integration, the call center industry, and related issues. The Telemarketing Connections Newsletter discusses issues of concern to the industry. In the October / November 2010 issue, the newsletter addresses a Telephone Consumer Protection Act violation:

The Federal Communications Commission has issued a notice of apparent liability for forfeiture against Presidential Who’s Who, Inc. alleging at least 73 unsolicited advertisements using facsimile machines were sent in violation of the TCPA. The FCC found liability in the amount of $345,000. The sender of the faxes claimed that they were not advertisements. The FCC found that despite the sender’s claim that the faxes were merely a request for information for people to include their information to the publication free of charge, the faxes in question were a pretext to advertise a commercial product or service. The notice of apparent liability is an important discussion of offers of “free” services (and presumably other regulators) will consider them to be marketing calls if part of a campaign to later sell goods or services.

Read more: Telemarketing Connections Newsletter.