The TCPA, related federal laws, regulations, and rules, court cases, and all applicable state laws (“Telemarketing Laws”) protect consumers from specific types of telemarketing. Under the TCPA “telemarketing” is defined as “the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person.”[1] The TCPA restricts cold calls, prerecorded sales calls, and the use of auto-dialers. The TCPA also authorized the creation of the National Do Not Call Registry, which is discussed more fully below.
The TCPA mandates that telemarketers:
- Maintain a Do not Call Policy;
- Provide a copy of the Policy to requesting consumers;
- Only make calls between 8 a.m. and 9 p.m. (local time of the person being called);
- Only make calls and texts to numbers not on the National Do Not Call List (“DNC”);
- Only make calls and texts to numbers not on the business’ internal do not call list;
- When calling cell phones, restrict the use of automatic telephone dialer systems (“ATDS”) to consumers that have given prior express consent to receive such calls;
- Restrict the use of artificial or prerecorded voice recordings to consumers that have given prior express consent to receive such calls;
- Identify the caller, name, and location, and company name.
Policy and Procedures (“Policy”)
- Your Company should be committed to complying with applicable Do Not Call laws and shall maintain an internal Do Not Call list (“Internal DNC List”) which will be readily available for viewing internally.
- If any person under the scope of this Policy receives a notification, whether oral or written, from a client or prospective client, that they wish to be placed on the Internal DNC List, such person shall notify the General Counsel within five (5) business days of receiving the request. The General Counsel shall be responsible for updating and maintaining the Internal DNC List. The Internal DNC List shall be updated no later than 30 days after the receipt of a new number.
- Telephone solicitations shall not be placed to any telephone number that is maintained on the Internal DNC List.
- Telephone solicitations shall not be placed to any telephone number that is maintained on any applicable State Do Not Call Registry unless the entity or individual making the call complies with the relevant requirements of that state in regard to such call.
- Telephone solicitations shall not be placed to any telephone number that is maintained on the National Do Not Call Registry unless:
- Within the preceding eighteen (18) months, the subject of the telephone solicitation has had an established business relationship with the Company.
- Within the preceding three (3) months, the subject of the telephone solicitation has given express permission to the Company;
- The subject of the telephone solicitation has a personal relationship with the caller.
- Telephone solicitations may not be placed before 8:00 a.m. or after 9:00 p.m. in the local time of the subject of the telephone solicitation without prior express permission.
- Upon making a telephone solicitation, the caller must provide the recipient of the call the following information:
- Caller’s name;
- Name and address or telephone number of the Company, or the representative to which the caller is affiliated. A toll-free number may be used but is not required. A 900 number is strictly prohibited; and
- A statement that informs the subject that the purpose of the call is to solicit the purchase of products and services.
Individuals who violate the Policy must be reported to the General Counsel promptly.
Any complaint regarding the violations of this Policy should be referred to the General Counsel for coordination and handling.
[1] 47 C.F.R. § 64.1200(f)(12).
