Also, be sure to check state laws because some states have more restrictive requirements.
|AL & LA||8am to 8 pm||8am to 8 pm||No calls on Sundays & Holidays|
|KY||10am to 9pm||10am to 9pm||10am to 9pm|
|MA||8am to 8pm||8am to 8pm||8am to 8pm|
|CT, MI, MN, NM||9am to 9pm||9am to 9pm||9am to 9pm|
|TX||9am to 9pm||9am to 9pm||12pm to 9pm|
Scrub your lists of telephone numbers of consumers (both prospects and customers) who have asked you not to contact them. This applies to marketers and non-profits and third-parties calling on their behalf.
Scrub your lists of any prospects’ phone numbers that are on the FTC’s DoNot-Call registry.
Consumers will be allowed to sign up via the Internet or by telephone. If they sign-up on the Internet then they will be e-mailed a confirmation notice. If they register by phone then they must call from the phone number they wish to be added to the national DNC registry. It is our understanding that the national DNC registry will only include telephone numbers and not addresses, names or other identifying information.
You cannot contact prospects who are on the national DNC registry unless you receive the consumer’s signed permission to do so.
Section 31.4(b)(1)(iii)(B) p. 252.
To review which states currently have DNC laws, click here.
Effective January 29, 2004, every outbound call must transmit the phone number of the seller, service bureau or customer service number that will be answered during normal business hours. You must also include the name of the seller or service bureau wherever technology is available. And under no circumstance are you to block transmission of caller identification.
Section 310.4(a)(7) p. 251.
Effective October 1, 2003, you must connect all calls to live representatives within 2 seconds of the consumer’s completed greeting. If you do not do so
then the call is considered abandoned and is a violation of the TSR. Even those calls that are answered by a live representative after 2 seconds of the
consumer’s completed greeting would still be considered an abandoned call and a violation of the Rule.
Section 310.4 (b)(iv) p. 252.
If at this point, or at any other time during the call, the consumer asks to be placed on your company’s DNC list then you should honor the consumer’s request. You should add the consumer to your company’s DNC list, refrain from calling the consumer during any future marketing campaign, and promptly and politely end the call.
In addition you must meet the following requirements if you incorporate any of these elements into your negative option, continuity or advanced consent marketing plans.
The FTC discusses in its commentary on the Rule that it is not merely the material terms that are provided to the consumer, but also the context and manner in which the offer is presented that is vital to determining the consumer’s consent to the transaction. Therefore, you should record the entire transaction. It would not be sufficient to just tape the closing sale confirmation. (p.115.)
The FTC discusses in its commentary on the Rule that consumers must affirmatively and unambiguously articulate their consent to be charged for a product or service. The best way to achieve this result is for consumers to state that they agree to the purchase and to provide part or all of the account they wish the charge to be made. However, the FTC leaves it up to you to decide the best way to achieve this result. (p. 111.)
Effective March 31, 2003, if you solicit for the purchase of goods or services following an initial transaction that occurs during a single telephone call then
under the Rule, you must meet new disclosure requirements. It does not matter if the upsell occurs during an inbound or outbound call, the same rules apply. The FTC treats each upsell as a separate telemarketing transaction, and creates 2 separate categories – internal and external upsells.
Internal upsell occurs when the customer is offered another product or service from or on behalf of the seller from the initial transaction. It does not matter if the initial or subsequent transaction is made by the same telemarketer. Under an internal upsell, you must provide any new disclosures not provided during the initial transaction.
External upsell occurs when the customer is offered a product or service from someone other than the seller from the initial transaction. It does not matter if the initial or subsequent transaction is made by the same telemarketer. Under an external upsell, you must provide:
If novel payments, negative option, preacquired account information, and/or free-to-pay conversion plans are used then all previous relevant disclosures must be repeated for each upsell.
Each telemarketer should retain the following records for 2 years from the date the record was produced:
Records can be maintained in any format.
Section 310.5 pp. 255-256.