Important information and helpful links for Telemarketers
Introductory comments
Federal No Call List (National Do Not Call Registry)
Helpful Links for Telemarketers to Gov Q&A & Gov Sites
State No Call Lists
DMA - The Direct Marketing Association
Other helpful links:
Complying With The Telemarketing Sales Rule - FTC Information Page
Business Information - Complying with the FCC Telemarketing Rule
Important News about No-Call Lists
Avoid Fines!
Many States have passed no-call registration laws that require telemarketers to register if calls are made to households. In addition, telemarketers should determine if they are in compliance with no-call lists and laws that may vary by State.
In addition to State no-call lists and regulations, the Federal Government has instituted a federal do-not-call list, known as the National Do Not Call Registry. Links to the new Federal Do Not Call Registry and to the Direct Marketing Association page of State no-call links can be found on this page. The Federal Do Not Call Registry goes into effect on October 1, 2003.Fines can be imposed if a person complains about receiving an unsolicited phone call and their telephone number is listed on the Federal Do Not Call List. The federal fine is purported to be $11,000 for each incident. Compliance with State and now Federal Laws is serious business for telemarketers.
Telemarketers are advised to scrub their telephone lists against all State and Federal No-Call lists to make sure they are not contacting a consumer who has added their telephone number(s) to these lists. Visit the sites listed on this page to make sure you are in compliance with all laws and regulations that govern telemarketing. Even if a person (prospect on a call list) requested information and opted-in to receive information regarding income or business opportunities, marketers should rely only on their own efforts in determining whether a particular marketing campaign complies with relevant laws. Always scrub any telemarketing list against all no-call lists prior to placing phone calls that involve sales of any product or service.
Please note that we are posting this information to make it convenient for all businesses and marketers to quickly find important information. Do not rely on information posted on this page as a legal guide. Please visit and consult with the actual government sites for the most accurate and timely information. Also, we do not provide any legal or consulting advice regarding whether a particular marketing campaign is considered to be legal or in compliance.
ALWAYS CONSULT WITH QUALIFIED LEGAL COUNSEL OR A QUALIFIED MARKETING ASSOCIATION TO MAKE SURE THAT YOUR MARKETING IS IN COMPLIANCE.Federal Do Not Call Registry
INFORMATION FOR BUSINESS
The Federal Trade Commission (FTC) has amended the Telemarketing Sales Rule (TSR) to give consumers a choice about whether they want to receive most telemarketing calls. Beginning October 1, 2003, it will be illegal for most telemarketers or sellers to call a number listed on the registry.
When Will It Take Effect?
Q: When will the National Do Not Call Registry take effect?
A: Consumers can register online or via phone now. In September 2003, telemarketers, sellers and their
service providers will have access to the registry. They will be required to scrub their call lists against
the National Do Not Call Registry at least once every three months.
On October 1, 2003, the FTC and the States will start to enforce the National Do Not Call Registry
provisions of the Amended Telemarketing Sales Rule. Violators are subject to a fine of up to $11,000 per violation.
All covered sellers and telemarketers must access the National Do Not Call Registry in September 2003 if they
plan to make covered calls after October 1, 2003.
Direct Marketing Association
Brief on new Federal Do Not Call List
State Do Not Call Lists
Telemarketing and Direct Mail Marketing Lists
APS does not currently provide respondent or buyer lists obtained from direct marketers or list compilers that contain telephone numbers. APS does not and will not pre-screen or scrub lists we may broker, sell or rent against any no call or do-not contact list. No matter where a marketer obtains a marketing contact list, all list buyers or renters who plan to market by telephone or direct mail are responsible for scrubbing lists they use against any and all no-call or no-contact lists. Even though individual prospects may have opted-in to receive information or responded to advertising, this does not relieve a marketer from their responsibility to comply with applicable State and Federal Laws governing telemarketing or direct-mail marketing activity.
How can I market if I am not a large telemarketing firm?
Very few small companies and individuals can afford to subscribe the entire Federal No-Call List. At a cost of approximately $7,000, it is prohibitively expensive. On a slightly more positive note, telemarketers may obtain
telephone numbers on the no-call list for up to 5 area codes for free.Q&A for Telemarketers and Sellers About the Do Not Call Provisions of the FTC’s Telemarketing Sales Rule (SITE)
- May I check just a few numbers at a time to see if they are registered?
Companies that have provided the required identification information and certification, and paid the appropriate fee (if they want to access more than five area codes) will be allowed to check a small number of telephone numbers (10 or less) at a time via interactive Internet pages. This will permit small volume callers to comply with the do not call requirements of the TSR without having to download a potentially large list of all registered telephone numbers within a particular area.
Visit the FCC.gov site and do not call gov sites to see how your planned telemarketing campaign may be impacted BEFORE you call.
SIDEBAR: As a result of the Federal No-Call List or Registry and the passage of legislation in Virginia making the sending of unsolicited email to Virginia residents a FELONY, many marketers are rediscovering a proven and traditional way to market. Marketing through direct mail has it's advantages in that the marketer is able to secure the attention of their prospect without the distraction of competing ads, banner advertisements, etc. If you market programs or products that offer people the possibility of making money, consider opportunity seeker mailing lists.Opportunity seeker mailing lists offer a way to contact people who have already expressed an interest in home-based business, extra-income opportunities, and more. This type of specialty list, offered by APS, is an affordable alternative to email programs and telemarketing which have their own very real downside.
SIDEBAR: Politicians who passed this law are exempt from the No-Call List and will still be able to call any household to ask for your political support (donations)! Some exceptions exist for telemarketers who call "referrals" within their own State. Visit the Federal No-Call Registry Site or FCC.gov site for up-to-date information regarding exceptions and the latest information.
Helpful Links
TELEMARKETER Information area on do not call gov site
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