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Telephone Consumer Protection Act

Creates restrictions that need to be considered by recruiters. The law prohibits certain types of unsolicited telemarketing calls to persons who have place their name on the “do not call” list established pursuant to the Act.
Recruiters and personnel consulting firms can engage in this practice and not be in violation of the law.



passed by Congress to regulate the use of unsolicited emails and to override some state laws which would have banned such emails entirely. Six specific guidelines on how to disseminate unsolicited emails are set forth in the Act.

1. Cannot use false or misleading headers or subject lines
2.message must be identified as an advertisement.
3. You must give an address (street or PO BOX address)
4. You must allow recipients to opt out of receiving future unsolicited emails from you.
5. You must honor opt-out requests
6. If a recipient opts-out of receiving future emails, you may not sell its email address, even as part of a mailing list.


Unsolicited Faxes

Unsolicited advertisements delivered via a facsimile or fax machine, however, can only be sent to firms with whom the sender has an “established business relationship.”



defined as a promise or set of promises enforceable in a court of law.


Bilateral contract

Mutual promises are made


Unilateral contract

All of the duties rest with one party. Contracts between recruiters and clients are typically unilateral in that there is no requirement that candidates be referred.


Elements of a contract

Offer, acceptance and consideration.


When fee disputes arise between a recruiter and its client?

courts look first at the wording of the agreement between the parties, and not at general principles of “placement law.”


Theory of “quantum meruit”

court order will compensate placement firm on basis of the worth of the services provided


Contract authority

Issue can arise as to which employees have the authority to bind the company in a contractual relationship.


Actual authority

erson has been expressly granted authority to sign contracts


Apparent authority

third parties can assume that an agent’s position is one that has the right to bind the employer.


Implied acceptance

party does not respond in word, but rather in action.


If one party presents different terms in a contract?

This rejects the offer and the original party must accept the counter for an agreement to exist