Telemarketing & DNC

Telemarketing & DNC

Background

Companies who conduct outbound or inbound B2B and B2C telemarketing campaigns face an array of regulatory challenges. Legislation including federal Do Not Call (DNC) laws, the FCC's Telemarketing Consumer Protection Act (TCPA), FTC’s Telemarketing Sales Rule (TSR) and even state-specific telemarketing and DNC rules control how you contact consumers via phone calls and text messages.

Some requirements impacting telemarketing calls and texts include:

  • Suppressing against the company's internal Do Not Call (DNC) list, the National DNC Registry, state DNC lists, and wireless lists
  • Having formal DNC policies and procedures
  • Honoring Do Not Call/Text requests within 30 days
  • Managing established business relationship (EBR) exemption timeframes/expirations
  • Obtaining express written consent for solicitous calls/texts placed with an automated telephone dialing system (ATDS or autodialer)
  • Training agents and employees on compliance-related responsibilities
  • Monitoring and enforcing internal and vendor activities
  • Ensuring call abandonment rates do not exceed 3%/campaign/30 days
  • Playing an abandonment message that includes an opt out mechanism
  • Displaying company name and number on caller ID
  • Stating federal and state-specific disclosure requirements
  • Registering as a telemarketer in the required states
  • Maintaining records as required

Potential Risks

Violations of the telemarketing and DNC rules are subject to fines of up to $40,000 per violation for enforcement actions brought by the FTC and up to $16,000 by the FCC. Some states set their own financial penalties; thus, amounts vary from state to state. Under the TCPA, state AGs may also bring suits in federal court for actual damages or fines of $500, whichever is greater. If a company knowingly violated the law, that amount can triple to $1,500 per willful violation. However, it's important to keep in mind the possibility of PR damage to your organization. The effects of negative publicity can be worse for a company long-term than the fine.

How We Can Help

Our qualified experts understand the impact the telemarketing requirements can have on your operations and will bring procedural expertise to your organization regarding these issues.

Failure to comply with relevant legislation can have a devastating impact on your business. Don't take chances - let our experts help! CompliancePoint has a variety of services that companies can leverage to meet their Telemarketing Compliance goals.

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