Tuesday, August 25, 2009

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What is changing on September 1st, 2009?

See detailed information on FTC website

Beginning September 1st, 2009 FTC enforcement policy regarding pre-recorded voice calls utilizing autodialers will change.  The FTC will begin its ban on pre-recorded telephone calls for solicitation purposes unless the solicitor has received a prior, written and signed agreement from the call recipient.  Some exceptions for pure information (non-solicitation) calls are permitted.

What does this mean for CallFire ?

ALL CALLFIRE USERS MUST ENSURE THAT FOR ANY TELEMARKETING CALLS THAT SOLICIT BUSINESS OR SERVICES OR NEW DONORS, THAT THE USERS HAVE PRIOR, EXPRESS WRITTEN CONSENT TO RECEIVE PRE-RECORDED VOICE CALLS FROM THE PROPOSED RECIPIENT. Detailed information can be found on the FTC website.

a) No changes for Call Tracking (inbound) & Cloud Call Center (live voice) customers.

b) No change for Businesses who use CallFire to notify current, written opt-in for pre-recorded voice customers.

c) No change for Customers using Voice Broadcast for opt-in business notification (non-solicitation calls).

d) Customers using CallFire’s Voice Broadcast for solicitation/outbound lead gen MUST ENSURE data lists are Opt-In to receive pre-recorded voice from the particular company in the form of written consent, including the person’s phone number and signature. The written consent must be specific to agreeing to receive pre-recorded voice calls from the particular company. Written consent obtained in compliance with E–SIGN will satisfy the requirements of the law. For example, agreements obtained via an email or website form, telephone keypress, or voice recording. Any agreement obtained pursuant to E–SIGN must be sufficient to show that the consumer: (1) received clear and conspicuous disclosure of the consequences of providing the requested consent — i.e., that the consumer will receive future calls that deliver prerecorded messages—and (2) having received this information, agrees unambiguously to receive such calls at a telephone number the consumer designates.

What can I use as an alternative?

The Cloud Call Center with Power Dialer is the perfect alternative to using Voice Broadcast for your lead generation. CallFire's Power Dialer will connect your sales agents to live people, while sending pre-recorded messages only to answering machines that promptly disclose at the outset a toll-free number that a consumer can call to assert an opt-out request. This is consistent with the FTC’s stated policies.

Remember to use the CallFire Do-Not-Call list

Companies are also required to keep their own Company-Specific do-not-call list.  This allows consumers to opt out of future calls made by the organization. The CallFire system allows you to add numbers to the internal DNC list, and then scrub against them before running future campaigns.

Who is required to access the DNC Registry?

Any company engaged in telemarketing to the public is required to maintain its own SAN number to gain access to the DNC registry and to update the scrub list every thirty-one days. The few exceptions are non-profits, a pure market research survey company, political organizations, or companies with an existing business relationship or written agreement to call. Exempt Organizations that still wish to access may access it for free.

More Information

PLEASE NOTE THAT THIS IS NOT INTENDED TO BE ALL INCLUSIVE OR PROVIDE LEGAL ADVICE.  YOU SHOULD CHECK WITH YOUR OWN ATTORNEY PRIOR TO ENGAGING IN TELEMARKETING UTILIZING PRE-RECORDED VOICE OR ENGAGING IN ANY TELEMARKETING CAMPAIGN.

Please visit: https://telemarketing.donotcall.gov/

Comments

Steven, Many of our voice broadcast clients have switched to the cloud call center. They often get better results as people prefer speaking to a live person rather than a pre-recorded message Becky
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