Identification and Transparency

Job data forum discussion of job market trends and data.
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armdrejoan
Posts: 295
Joined: Tue Jan 07, 2025 4:47 am

Identification and Transparency

Post by armdrejoan »

False or Misleading Statements: All communications must be truthful and not misleading. Claims about expertise, success rates, or guaranteeing outcomes are heavily scrutinized and often impermissible. Disclaimers (e.g., "past results do not guarantee future outcomes") are frequently required.


Lawyers must clearly identify themselves and their firm and the purpose of the call.
Telemarketing Sales Rule (TSR) and TCPA (Telephone Consumer Protection Act) - 2025 Update:
These U.S. federal laws (with similar counterparts in other countries) impose strict requirements:
National Do Not Call Registry: Businesses, including law firms engaged in telemarketing, must scrub their lists against national DNC registries and maintain internal DNC lists.
Prior Express Written Consent: This is crucial, especially for autodialed or prerecorded calls/texts to mobile numbers. The FCC's rules, particularly the "one-to-one australia phone number list consent" rule effective January 27, 2025, mandate that consent must be obtained separately for each specific entity that may call or text the consumer. This has significant implications for lead generators and firms using them.
Calling Time Restrictions: Generally, calls are restricted to certain hours (e.g., 8 a.m. to 9 p.m. local time for the recipient).
Clear Disclosures: Caller identity and purpose must be disclosed promptly.
AI-Generated Voices: The use of AI-generated or synthetic voices in calls must also adhere to consent rules for prerecorded messages and be clearly disclosed.
State and Local Bar Rules: Beyond national regulations, individual state or local bar associations often have their own, sometimes stricter, advertising and solicitation rules.
GDPR (General Data Protection Regulation) & Similar International Laws: For firms contacting individuals in Europe or other regions with strong data privacy laws, GDPR principles of lawful basis for processing, consent, data minimization, and transparency are critical.
2. Effectiveness and Best Practices for Law Firms in 2025

Despite the hurdles, telemarketing can be effective for certain types of law firms and services in 2025, if executed ethically and strategically:
Free Checklists/E-books: "Your Personal Fraud Prevention Checklist," "Guide to Protecting Your Digital Footprint." These are excellent lead magnets.

Webinars (Live & On-Demand): "Protecting Your Parents from Online Scams," "Understanding Ransomware and How to Avoid It." Engage directly with their fears and provide solutions.
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