Thus, a calling campaign can be subject to numerous requirements depending on the states into which calls are being placed. All FCC-approved verification methods cannot be used in every state, nor is an activity outside the scope of the FCC rules necessarily free from state regulation. Third Party Liability Compliance with the law is essential even if your business does not directly solicit consumers but instead contracts with a call center. Similarly, call centers do not avoid liability by solely using scripts provided by their telecommunications provider clients. This is true for two reasons - legal and practical.
Liability can go the other way, as well.
The State of New York passed a law this year specifically stating that telecommunications service providers are liable for the acts of any person acting as its agent or representative, thus encompassing independent call centers. The concern is also a practical one. State and federal regulators do not often accept the explanation from businesses that the telemarketer was responsible for compliance issues or vice versa. When a lawsuit is filed, each party to the campaign, business and service bureau, can expect to be served. An attorney general will leave the parties to sort out who was responsible for compliance pursuant to the contract and sue both.