Legally Speaking: Not Fun, Definitely Necessary. Avoiding Legal Issues with Guest Heather Macklin

Do not immediately assume the customer is always right; assess actual liability and avoid overcompensating for perceived wrongs, as legal damages are typically limited to the cost of repair or diminished property value.

Actively manage negative online reviews by responding professionally and promptly; a few negative reviews can appear authentic and reasonable responses often enhance credibility with potential customers.

Strictly adhere to TCPA regulations by not cold-calling individuals without prior express written consent; instead, encourage referrals to initiate contact directly with your business.

Implement a robust internal 'do not call' policy, train all staff, and utilize CRM features to flag and honor opt-out requests, which demonstrates good faith and can mitigate class-action risks.

Review and update all contractual terms and conditions regularly, ensuring they comply with both federal and state-specific laws, such as the Home Improvement Practices Act and 'right to cure' laws.

Understand the legal parameters for re-engaging old leads: distinguish between leads with prior express written consent (no expiration until revoked) and those with implied consent (90-day safe harbor for new inquiries, 18 months for prior customers).

Ensure non-compete agreements are narrowly tailored and reasonable in scope (e.g., duration, geographic area, specific roles) to protect your legitimate business interests, especially for employees with access to sensitive information.