WILLOW GROVE, Pa., March 18, 2024 /PRNewswire/ — In response to the February 22, 2024 ruling of the Maryland Supreme Court concerning the Maryland Telephone Solicitations Act (MTSA), AnswerNet announced a proactive step to ensure compliance for businesses affected by this legal development. The Court’s decision extends the MTSA’s “wet signature” requirement to include transactions initiated by consumers in response to a merchant’s marketing, significantly impacting telephonic sales practices for energy retailers, telecommunications companies, insurance carriers, and other regulated industries operating within the state of Maryland.
The Court’s interpretation that the MTSA applies to inbound (and outbound) calls requires a written contract with a consumer’s signature. However, under the Maryland Uniform Electronic Transactions Act, an electronic signature is deemed legally equivalent to a wet signature, ensuring that electronic records and contracts maintain their legal effect and enforceability.
David M. Murdza, Esq., AnswerNet’s General Counsel, has provided a critical legal opinion confirming that AnswerNet’s Third-Party Verification (TPV) contract-generator “FOCUS” software platform fulfills the MTSA signature requirements. This FOCUS software captures transactions in writing and records consumers’ electronic signatures, and includes transactions originating from consumer inbound telephone calls. (AnswerNet TPV is a specialty division of AnswerNet.)
“This legal insight offers a viable solution for businesses navigating the new legal landscape in Maryland, to help them ensure that their telephonic sales can continue efficiently without compromising compliance,” adds Mr. Murza. “AnswerNet’s technology not only aligns with the current legal requirements, but also streamlines the verification process for telephonic sales to provide a seamless, compliant method for securing consumer agreements.
The opinion underscores AnswerNet’s commitment to leveraging technology to address evolving legal and regulatory challenges, ensuring that its clients remain at the forefront of compliance and operational efficiency.
To read full Mr. Murdza’s full AnswerNet response/opinion letter*, visit:
answernet.com/resources/news-and-media/
*Disclaimer: This opinion is intended for internal use within the AnswerNet family of companies and does not constitute legal advice. Clients and prospects are encouraged to consult their legal counsel regarding MTSA compliance and related legal matters.
For more information, please contact
David M. Murdza, Esq. General Counsel, AnswerNet
Phone: (267) 942-6000
[email protected]
About AnswerNet
Headquartered in Willow Grove, PA, AnswerNet is a full-service provider of inbound, outbound, automated, and BPO contact center services. The company has over 30 sites with 2,000 full-time employees across the U.S. and Canada. Specialty business units include Nonprofit, Appointment Setting, Energy, Third-Party Verification, and more. (answernet.com)
SOURCE AnswerNet
