Telemarketing sales rule

Rules and requirs

2007 update further addressed 1. Billing authorization provisions 2. Charitable solicitations 3. Call abandonment and caller ID

Penalty for violation

Anyone who violates the Rule is subject to civil penalties of up to $16,000 per violation. Violaters may be subject to nationwide injunctions thag prohibit certain conduct and may be required to pay redress to injured consumers

Purpose

Combat abuse and fraud in telephone marketing

Rules and requirs

Compalints may be filed online or toll free number

Rules and requirs

Credit card laundering or using another merchants account number is prohibited

Disclosure

During a sales call consumer must receive certain material info about product or service. "Material info" would be facts that would affect consumer's choice, purchase, or behavior regarding product or service. Failure to provide "material info" may result in fines

Rules and requirs

Enforced by Federal Trade Commision FTC and Federal Communications Commission FCC

Rules and requirs

Exempted entities: non profit organizations or charities, political organizations and surveyors, companies that have an established business relationship with consumer or written permission from consumer

Prohibition of expiration date

FTC shall periodically check numbers and has authority to remove of invalid, disconnected, reassigned telephone numbers from Do Not Call Registy. do not call improvement act of 2007.

Penalty for violation

FTC, states, and private citizens may bring civil actions in federal district courts to enforce Rule. State attorneys general or any other officer authorized by state to bring actions on behalf of its residents may bring actions by states. Private citizens may bring action to enforce Rule if suffered $50,000 or more in actual damages

Rules and requirs

Info only calls sucha s appointment reminders are nto covered

Established business relationship

Means either 1. Consumer who has purchased a product/service within last 18 months or 2. Inquiry for product/ service within last 3 months

Do not call registry

National list of phone numbers obtained from customers who have requested not to recieve calls from telemarketers

Prohibition of expiration date

No automatic removal of numbers except as provided in sect. Or upon request of individual whom telephone number is assigned. Do not call improvement act of 2007

Delivery restrictions

No perosn or entity may initiate any telephone call using an automatic telephone dialing system or an artificial or prerecorded voice to specific ohone lines such as emergency phone lines, guest/ patient room to health care or elderly facility, paging service or mobile service which perosn may be charged

Requirs and restrictions

Outbound telemarting calls must disclose 1. Identity of seller 2. Nature of call 3. Purpose of call such as to sell goods or services 4. If prize promotion is involved call must state that purchase or payment is NOT necessary to enter.

Rules and requirs

Requires "express authorization" from consumer to use bank accounts for payments such as phone pays or drafts. Unauthorized billing is prohibited

Rules and requirs

Requires companies to maintain records for 2yrs from date record is produced on following items: advertising and promotional materials, info about prize recipients, sales records, employee records, all verifiable authorizations or records of express info consent or agreement

Rules and requirs

Requires sellers (telemarketers) to: 1. Access Do Not Call Registry at least once every 30 days before making any unsolicited calls. List updated every 3p days. Additional unsolicited call to someone whose number is included on registry is a violation 2. Collect, distribute, and maintain a list of Consumers who have asked not to recieve additional calls

Rules and requirs

Rule does not allow companies to call customers who have signed written agreement to be contacted

Rules and requirs

Sales calls must provide pertinent info to customer such as total cost, total quantity, material restrictions or limitations, refund or cancellation policies, odds of winning prize or promotion when applicable. Misrepresenting affialiations sponsorships or endorsements are prohibited

Rules and requirs

Sellers may not contact customers who have requested no additional calls

Written or express agreement

Signed form by customer agreeing to be contacted even if their number is listed in do not call registry

Rules and requirs

TSR prohibits: 1. Making calls before 8am and after 9pm local time based on consumer location 2. Making repeated or continuous calls to consumer with intent to annoy harrass or abuse 3. Using threats intimidation profanity or obscene language 4. Failing to transmit caller id when avaible by ohone servicer 5. Utilizing pre recorded sales messages unless consumer has agreed to accept such calls. Info or reminder calls are acceptable

Rules and requirs

Telemarketers covered by National Do znot Call Registry have up to 31 days from date an individual registers to stop calling