DNC, International & FTC Telemarketing Compliance
Need to ensure your dialing is Compliant?
You and your business are 100 percent liable for telephone calls originating from your account. If you require a compliance solution or list scrubbing, try one of our business partners that provide both National FTC and International DNC compliance services. For legal consulting, see our Firm recommendations at right.
U.S. & National Compliancy Reference
Telecom regulation is always changing. Make sure your company or nonprofit stays up to date with changes in telemarketing & outbound regulations by using a reputable attorney or compliancy solution. For more information please call 877.897.FIRE or email firstname.lastname@example.org.
- FTC Website: http://www.ftc.gov
- FCC Website: http://www.fcc.gov
- DNC Registry: http://www.donotcall.gov
- DNC Rules: http://telemarketing.donotcall.gov
Please be careful. Telemarketing fines can be as high as $10,000 per incident.
Before you use CallFire for your Business
Most CallFire.com users are not required to access the National Do Not Call Registry, and thus may access CallFire.com as an Exempt Organization, if one or more of the following is true:
- Your organization is not subject to either the FTC’s or the FCC’s jurisdiction. For example, a non-profit charitable organization may be an Exempt Organization, assuming, of course, that it is truly a non-profit. Entities that have been granted tax exempt status under the Internal Revenue Code are not necessarily Exempt Organizations for purposes of the National Do Not Call Registry. See, e.g., FTC v. National Consumer Council, Inc., and FTC v. Debt Management Foundation Services, Inc. There, the FTC successfully challenged the status of a purported nonprofit organization whose role in fact was simply to generate leads for other firms which then charged consumers thousands of dollars in fees for their services.
- Your organization does not engage in any “telemarketing” or “telephone solicitation” activities, as defined by the FTC and FCC, respectively. For example, survey calls and political polling calls are not covered by the definition of “telemarketing” or “telephone solicitations.” An organization that places ONLY these types of calls may be an Exempt Organization.
Your organization qualifies for one or more of the specific exemptions contained in the FTC’s and FCC’s rules, such as:
- You only call to solicit charitable contributions; or
- You only call consumers with whom you have an established business relationship; or
- You only call consumers from whom you have received written permission to call; or
- You only make business-to-business calls.
If you are a for-profit telemarketer, you are NOT an Exempt Organization.
Whether your organization is exempt is a decision that requires an understanding of the FTC’s and FCC’s requirements, as well as your specific business practices. Therefore, whether you should subscribe as an Exempt Organization is a decision you must make. In making this decision, you may wish to consult with an attorney.
You may wish to consider the following materials when deciding whether to subscribe to the National Do Not Call Registry as an Exempt Organization:
- The FTC Act at 15 U.S.C. §§ 41-58 and related case law.
- The Communications Act at 47 U.S.C. §§ 151-757 and related case law.
- The Telephone Consumer Protection Act (TCPA) at 47 USC §227 and related case law.
- The Telemarketing and Consumer Fraud Abuse Prevention Act at 15 U.S.C. §§ 6101-6108.
- The Do Not Call Implementation Act at P.L.108-10, 117 Stat. 557, and related case law.
- The Telemarketing Sales Rule at 16 C.F.R. § 310 and related Agency statements and case law.
- The FCC’s rules implementing the TCPA at 47 C.F.R. § 64.1200 and related Agency statements.
Legal Firms & Telecom Counsel
These legal firms specialize in National (and in some cases International) telecom regulation & compliancy.
- Customer agrees to familiarize themselves with any additional International, Federal, State, or local laws governing your dialing.
- Customer agrees to place *ANY* individual requesting DNC status, on Customer’s accounts DNC list, immediately.
- Customer agrees to provide legal contact information in any outbound campaign within the initial greeting message.
- Customer agrees to provide own sound files for all outbound campaigns.
- Customer agrees to provides all data and with this ability agrees to responsibly dial each campaign with courtesy to the recipients for which it is meant.
- Customer agrees to schedule campaigns responsibly.
- Customer agrees not to send any calls to life-line services, such as hospitals, fire, police, 911, or utility related telephone numbers.
- Customer agrees to not send any sales outbound broadcasts to recipients that have not consented to receiving such a broadcast.
- Customer agrees to use DNC / opt-out features made available to you via CallFire.
- Customer agrees to consult with an attorney before dialing any data for which customer is unfamiliar, or if legalities of dialing remain unclear to Customer
From The CallFire Blog
Occasionally we will highlight new laws & changes in regulation that may affect your dialing campaigns. In September 2009 changes in Voice Broadcast & Automated Telephone Call regulations were brought to attention on our blog.
Why try CallFire?
- Increase sales leads & revenue
- Reduce infrastructure costs
- Effortlessly track ROI
- Improve customer relationships