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The Rules of The Game In The Telemarketing Industry

By Pedro Turriago

SafeSoft Solutions offers powerful predictive dialer solutions that can help you improve your revenues, raise funds, gather survey information, develop political support and much more. In order to do this you need to understand the rules and regulations that are enforced by the Federal Communications Commission or FCC and the Federal Trade Commission or FTC. So before you begin, there are two acts of congress that you should be familiar with.

Knowing these rules and regulations is not that difficult or time consuming. Surprisingly however, many companies operate in ways that are governed by these laws and never consider their impact. It is not unusual for a company to think of these laws as made for the telemarketing industry and not for us.

First is the Telemarketing and Consumer Fraud and Abuse Prevention Act. This legislation defines telephone based business fraud and gives consumers protection and defense against unscrupulous business activity. The TSR or Telemarketing Sales Rule is a document that will help you understand what is considered unlawful by the FTC.

The second is the Telephone Consumers Protection Act or TCPA. This legislation regulates the use of outbound automatic telephone dialing systems, prerecorded or artificial voice messages, FAX machines and it creates a Do-not-call (DNC) list for consumers.

Here is a quick review to get you started toward a full understanding of the DNC list, do not consider this list a complete understanding of the TCPA or DNC;

The DNC covers calls made within your state and outside your state The database is maintained & administered by the FTC The FCC and FTC will coordinate DNC enforcement Consumers can register residential and wireless numbers DNC numbers no longer expire after 5 years of entry State-administered do-not-call lists must also be used Company-specific do-not-call lists must also be used B2B calls are not covered by the DNC Tax-exempt nonprofit organizations arent subject to the DNC list Calls regarding political and religious speech arent subject to the DNC list Calls regarding surveys arent subject to the DNC list Consumers on the DNC can receive your calls if they request it in writing Consumers on the DNC can receive your calls if you have an established business relationship within the last 18 months

Consumers on the DNC can receive your calls if they have inquired or applied to your business within the last 3 months

Businesses calling for tax-exempt organizations are subject to the DNC list The DNC covers all calls to consumers for the purpose of telemarketing, telephone sales or telephone solicitation not just those made from automatic dialers, predictive dialers, FAX machines or broadcast message machines. DNC data for up to five area codes annually is free, after that you must pay $54 per area code up to a maximum of $14,850. You must refresh your DNC data every 31 days.

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