In order to stay compliant with the telemarketing sales rule, making sure you’re using either DNC scrubbed lists or a do not call list scrubber is vital in today’s era. Without minding government regulations, you could be fined tens of thousands of dollars per call. Laws change frequently, so it’s important to stay up to date with the latest from the FCC. Below we will go through how to scrub leads and you’ll learn important resources for staying compliant.
Please note that these laws are primarily for telemarketing and may not apply if you have a business relationship with the customer or specific consent. They also may not apply to political parties or non-profit organizations. They also may not apply to calling or telemarketing to businesses.
The Biggest Telemarketing Sales Rule: Scrubbing for National Do Not Call Lists
All telemarketers should register for a SAN (Subscription Account Number) at the National Do Not Call registry. Any organization must have a profile and a subscription to area codes in order to access telephone numbers on the National Registry of Do Not Call Numbers. You’ll need to provide information about your organization and an authorized representative for contact purposes. Then you’ll receive login info.
By registering, you’ll be able to download up to 5 free area codes of numbers registered on the DNC list to use for your telemarketing campaigns. Additional area codes may be purchased for a fee. After your account is activated, you’ll get your own SAN number. Make sure you select “Seller” when choosing your “Organization Function.”
How to Scrub Leads Against DNC
Most dialer software such as the Dolphin Dialer has the ability to scrub a lead list against a DNC list. You can simply upload both lists into your dialer and the scrubbing will be done for you. If you’re using a multi-line dialer, such as a predictive dialer, you’ll need to make sure you are following the laws regarding auto-dialers as well. Robocalls or dialers that do not have a live person on the phone are typically illegal to use for telemarketing in most cases. One line power dialers or click to call inside sales software is a safer method for calling leads, but you should always consult an attorney if you feel unsure.
State Specific DNC Lists & Cell Phone Laws
You may also be responsible to comply with a state-specific Do Not Call list or cell phone lists. Wireless litigation tends to be the most common in today’s telemarketing era. Cell phone data is not compiled by the government so to our knowledge the only company providing that data currently is Neustar.
Summary of wireless telemarketing laws: National Do Not Call List
Additional Compliance Resources
There are some great affordable 3rd party options for scrubbing your leads such as DNC Project that can scrub your lists for you at reasonable rates and guarantee compliance for 30 days. If you want an organization to help you get completely compliant, we recommend DNC.com. They specialize in contact center compliance and can get you set up and scrub the lists for you for both National and State Do Not Call lists. They also have litigation lists, or known consumers who have attempted to sue telemarketers in the past that they can scrub your data against. You’ll still need to provide a SAN, but they will do the rest of the work for you, for a modest fee depending on the size of your lead list and your specific needs.
Telemarketing Attorneys
- Good summary of telemarketing laws by Kathleen Ann Ruane, attorney: http://fas.org/sgp/crs/misc/R43684.pdf
- Eric Allen with Allen Legal Services
Tel: 801-930-1117 – Web Site: http://www.telemarketinglawyer.com - Bill Raney with Copilevitz & Canter, LLC
Tel: 816-472-9000 – Web Site: http://www.copilevitz-canter.com
Conclusion
We encourage everyone to take the necessary precautions to stay compliant. It’s better to pay a little extra now than to get whacked and pay a lot in the future. However, telemarketing can still be a fantastic way to generate business and you shouldn’t let the laws discourage you!
Start by learning the basic telemarketing tips for beginners.
