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posted 8 years ago
While much of the focus
of the telemarketing industry in recent years has been on issues related to
consumer consent, made relevant by material changes to consent requirements
under the Telephone Consumer Protection Act (the “TCPA”), there are other legal
requirements that telemarketers must be mindful of in connection with the
conduct of their business.
The TCPA, the Federal
Trade Commission’s (“FTC”) Telemarketing Sales Rule (“TSR”) and applicable
state laws contain numerous provisions governing the logistical and procedural
aspects of telemarketing.
Time
and Day Restrictions
Under federal law,
telemarketing calls must be placed between the hours of 8:00 a.m. and 9:00 p.m.
(based on the local time of the recipient), although some state laws impose a
narrower calling window. In addition,
most jurisdictions prohibit telemarketing calls on Sunday, although some states
may permit certain types of calls during specially designated hours. Further, a handful of states prohibit all telemarketing
calls on legal holidays.
Recording
Requirements
At a minimum, to the
extent that a business records its telemarketing calls (which we recommend),
there must be clear notice to the consumer at the outset of each such
telemarketing call that the call will be recorded for quality assurance
purposes, and that such recording will be maintained as a record of the
underlying transaction(s).
Call
Conduct Requirements
Under applicable federal
and state law, each telemarketing agent on every call must, at a minimum, provide
his or her full first and last name, as well as the full corporate name (or
registered d/b/a) of the entity that they are calling on behalf of.
In addition, a number of
states apply the “no rebuttal rule” – meaning that if a consumer indicates that
he or she is not interested in a product and/or service promoted by the
telemarketer, the call must end there, and the telemarketer may not continue to
try to convince the consumer to purchase/obtain the product and/or service
being offered. Other states permit only
one (1) “rebuttal” before the telemarketer is compelled to end the call.
That’s
Not All, Folks
Please note
that this is only a brief overview of some of the procedural requirements that
must be observed by telemarketers operating in the United States. As such, please remember to review all
applicable state and federal laws prior to engaging in any telemarketing
activity.
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