White Papers

NYSAR provides its members with access to industry white papers on a variety of key topics including:

The articles available are provided to the New York State Association of REALTORS@ by PossibleNOW, USI Affinity, and Pearl Insurance. The views and/or opinions expressed in these articles, legal or otherwise, are those of the author and are not necessarily the views and/or opinions of the New York State Association of REALTORS@.

White Papers

Is The Text Message Campaign Information, Solicitous Or Dual-Purpose?
By this point, you may already be aware of the risks associated with contacting consumers on their mobile phones using an ATDS. More specifically, you may be aware of the recent, big brand names scrutinized under the TCPA for sending non-compliant text messages to consumers. Considering the risk of the current regulatory environment, you may be wondering if you should even consider communicating with consumers via text message.

The Most Common Misconception of Text Message Compliance
There are few, if any, riskier activities than sending automated calls or texts to wireless phones without the proper level of consent under the TCPA and/or state-specific requirements.

What’s New With The FCC’s Most Recent Declaratory Ruling
In August, the FCC released its Declaratory Ruling in response to petitions by Blackboard, Inc. (Blackboard) and jointly the Edison Electric Institute and the American Gas Association (EEI/AGA). Generally, the FCC provided slight relief to these industries in a very specific set of circumstances.

Text Messages: Concussions Aren’t the Only Problem for NFL Teams
Most organizations reaching out to their customers’ cell phones via text message or phone call with an ATDS are not immune to the TCPA. This includes one of the most successful and profitable businesses on this planet, professional football teams.

Inflation Hits FTC Penalty Amounts
As a result of inflation, the Federal Trade Commission (FTC) has finalized amendments that will raise the maximum civil penalty from $16,000 to $40,000 per violation.

Why Notifying Consumers That “Calls May Be Monitored” Is Critical To Your Organization
“This call may be monitored for quality assurance and training purposes.” We’ve all heard this disclosure. Some of us roll our eyes and wonder, is this really necessary? We all know calls are recorded these days.

FTC Adopts New Amendments To Telemarketing Sales Rule
After nearly two and a half years since their initial proposal, several amendments were made to the Federal Trade Commission’s Telemarketing Sales Rule (TSR). These amendments to the TSR are intended to protect consumers, as well as clarify some issues for businesses.

The Challenges of Accurately Identifying Location
Companies often struggle to implement the most accurate process for determining where their customers and prospects are located as the location of an individual can have an impact on compliance considerations.

Text Messaging Dos and Don’ts: 5 Ways to Keep Mobile Marketing Compliant
If you’re reading this, you’re most likely connected to the world of direct marketing and have certainly heard all the talk surrounding the FCC’s new Declaratory Ruling regarding TCPA.

The Top 5 Compliance Essentials Every Company Needs
For this month’s newsletter, CompliancePoint consultants put together a list of compliance essentials they recommend to any company engaging in consumer contact programs and activities. As you work towards your company’s compliance goals, they recommend addressing these 5 compliance essentials.

Why Texting Is An Effective, But Risky Means Of Communication
As discussed in one of CompliancePoint’s blog posts, more than 90% of adult Americans own a wireless phone. Americans are more likely to have their cell phone within arms-reach than they are their computer, and on average, a consumer’s text messages are viewed more quickly than emails. Combine these facts with the sheer number of cell phone users and texting becomes a very attractive channel for sending marketing and informational messages.

Can You Legally Make That Call Today? Why the Holiday Season May Not Be Over!
Now that you’re engaging your best efforts to achieve normalcy at the start of this New Year, it’s likely the last thing on your mind is the holiday schedule for 2015. However, if your company places telemarketing calls to consumers, you should consider the prohibitions for placing calls on certain federal and state-specific holidays.