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PABizLawyer, Attorney
Category: Business Law
Satisfied Customers: 1170
Experience:  JD, 10+ years experience, business owner
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We have client (USA based PC seller) who wants us to handle

Customer Question

We have client (USA based PC seller) who wants us to handle their INBOUND sales / enquiry calls, which will be in response to their marketing initiatives in the various states in the USA with the exception of three.

Our legal issue is ;

1. Is there a legal requirement / registration requirement to provide inbound (consumers call in) base telemarketing campaign? Or should the client provide this compliance
2. Is the client required to have a licence or registration for the above purpose or to sell in the USA? If so, what are these?

3. what are the costs for the above if applicable and timelines

Submitted: 8 years ago.
Category: Business Law
Expert:  PABizLawyer replied 8 years ago.

1. In the US there is regulation of cold calling consumers, but there is no prohibitions on taking consumers calls that the consumers themselves initiate.


2. The client has certain requirements that vary by state to state. They also have to collect state sales tax on some limited sales. There is no national sales tax. I would have them certify they are in compliance with all local, state, and federal laws. Then I would do an audit of their compliance.


3. I would hire a law firm in their state to do a compliance check.. Costs could range from a few thousand to ten thousand...


Frankly, here in the US there is very little regulation of sellers, so long as they do not engage in fraudulent practices....




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Customer: replied 8 years ago.


I also asked what are the timelines for the registrations per state for the above compliance

Expert:  PABizLawyer replied 8 years ago.

There are no state by state registration requirements for taking incoming calls...


The compliance check would just to be sure your customer was in compliance in their state of residency with any or all business licenses, taxes, etc....


It is just to give you cover if they are ever found to be in violation of the law.. your compliance audit would show you did not know.