Category Archives: Compliance

Membership Telemarketing: Telemarketing Laws Compliance

By Angela Garfinkel, President

Telemarketing LawWhen our company first started working with associations and membership renewals telemarketing, I was a bit surprised to learn that placing telephone calls to renew professional individual memberships must comply with all telemarketing regulations. I had assumed that because the membership is a professional membership based on the career area of an individual, and because the calls are typically placed to the professional at their work phone number, the calls must be exempt from the consumer telemarketing regulations. I was wrong.

There are four primary areas that associations must be aware of and comply with: Continue reading

Robocalls are Risky: Today’s Compliance Consulting Tip

By Angela Garfinkel, President

Compliance Consulting

Many associations and trade organizations use robocalls (automated calls without live agents) to blast messages to their potential attendees and members in advance of a trade show or conference. All it takes is a recorded message and a list of telephone numbers and you can literally blanket your target market with hundreds, thousands, or even hundreds of thousands of robocalls. And your message is delivered the same way every single time. If you’ve ever run an outbound telemarketing campaign with live agents, you know that consistency of staying on script (without sounding scripted) can be very difficult. And, in addition to being fast and consistent, other than emails, there is no cheaper way to get your message to your target market.

However, it is little known that robocalls are a risky tool to use to communicate en masse with your target market.

Here is a bit of good news: If your association or trade organization has tax-exempt non-profit status, then you may be ‘okay’ to continue to use robocalls. However, if you don’t meet the requirements for the tax-exempt non-profit status, please beware. Continue reading

B2C Telemarketing: Avoid State Do Not Call Violations

By Melissa Hinrichs, Director of Client Services

Stressed business woman B2C Telemarketing DNC RegulationsIn 2003, the National Do Not Call List was implemented by the Federal Government. However, long before that, states began implementing their own Do Not Call lists. Today there are 13 states that have their own state-specific Do Not Call registries which are maintained separately from the National Do Not Call list.

States which maintain their own Do Not Call (DNC) list:

  • Colorado
  • Florida
  • Indiana
  • Louisiana
  • Massachusetts
  • Mississippi
  • Missouri
  • Oklahoma
  • Pennsylvania
  • Tennessee
  • Texas
  • Wisconsin
  • Wyoming

If you are a telemarketing company or a seller that wants to hire a telemarketing company, we recommend that you familiarize yourself with Do Not Call Regulations. It can be difficult to find all the relevant information, but I recommend that you use a third party scrubbing service, like PossibleNow or DNC.com because these companies are experts at helping you navigate through how to get access to these lists and scrub against them (they are full-service and will handle everything for you). However, it is also good to familiarize yourself with the state-specific telemarketing regulations because different states do provide different types of exemptions for different call types and industries. For example, if you’re doing lead generation for insurance (where the sale will be later closed face to face in an insurance office), then your campaign may be exempt from many of the state-specific Do Not Call lists.

Here at Quality Contact Solutions, we use an online tool called PACE USA DNC Regulatory Guide: www.paceregulatoryguide.com to easily identify what Do Not Call Regulations apply to different types of telemarketing campaigns and if there are any applicable exemptions that we can apply.

Also, beware that many other states (other than the 13 states listed above) have state-specific Do Not Call regulations, but they use the National DNC Registry for maintaining their list. They don’t maintain a separate list. The PACE Regulatory Guide identifies those states for you.

The important thing to remember is that you must consider both Federal and State-specific regulations to identify which lists you need to scrub against. Again, I recommend that you may want to use a third-party expert to help you.

Within our world of telemarketing, there are rules, exemptions and stipulations that are continuously changing and therefore I would highly recommend using a tool such as the USA DNC Regulatory Guide to easily find all that information in one online source. Keeping up-to-date on the Do Not Call regulations is a very important part to B2C outbound telemarketing.

Melissa Hinrichs is Director of Client Services for Quality Contact Solutions, a leading outsourced telemarketing organization. Melissa leads a talented team that ensures client data and reports are delivered on-time and without errors. With more than 20 years of database management and reporting experience, Melissa loves helping her clients make better business decisions by providing them with relevant data and reports on a daily basis. Melissa can be reached at [email protected] or 516-656-5125.

How to Ensure TCPA Consent for Outbound Telemarketing

By Angela Garfinkel, President

Author note: This article is focused on Prior Express Written Consent (PEWC) and what is required by the TCPA for placing compliant outbound telemarketing calls to wireless or VoIP phone numbers.

Background

Outbound Telemarketing checkmark in a man's handThe Federal Communications Commission (FCC) issued a Declaratory Ruling in July 2015 which wreaked havoc on the outbound telemarketing industry. With the Ruling, the FCC determined that system that has the capacity to store or dial numbers automatically is considered an Automated Telephone Dialing System (ATDS). Long-story short, outbound marketers must clearly understand if they have Prior Express Consent (PEC) or Prior Express Written Consent (PEWC) with the leads in their marketing list prior to placing outbound phone calls. Continue reading

Telemarketing Services and Non-ATDS Dialing Best Practice

By A.J. Windle, Director of Operations

Telemarketing-Services-with-Compliance-Concet-using-iconsIts been two years since the FCC issued its Declaratory Ruling, clarifying the Telephone Consumer Protection Act and the definition of an Automatic Telephone Dialing System (ATDS). With this rule clarification, the Federal Communications Commission (FCC) made it clear that all outbound telemarketers must use a Non-ATDS to place outbound marketing calls to wireless phone numbers (unless they have Prior Express Written Consent-PEWC). In those two years, as an industry we’ve developed a few options for companies that are risk averse when it comes to calling their customers or prospects on a wireless phone number.

Quality Contact Solutions developed a compliant non-ATDS solution two years ago and we continue to use that same solution today. In addition, we have developed an additional solution that many call centers and telephone sales professionals use. It is called “The Compliance Phone”. This service is sold by our sister company, Quality Voice and Data. Before I jump into why this is a great solution for many telemarketing services organizations, I would like to take a step back and Set the Stage if you will about why having a Non-ATDS Phone system is so important. Continue reading