| On October 1, 2003, the Federal
Trade Commission (FTC) and many States started enforcing the National
Do Not Call Registry provisions of the Amended Telemarketing Sales
Rule. Business and Telemarketers who violate the rule are subject to a
fine of up to $11,000 per violation.
Organizations are required to comply
with the provisions of the Federal Trade Commission's amended Telemarketing
Sales Rule, 16 CFR Part 310, or the Federal Communications
Commission's Rules
and Regulations Implementing the Telephone Consumer Protection Act of 1991,
47 CFR Section 64.1200.
So what does this mean for your business?
If you make sales calls to customers, it can mean plenty. And, it can
directly affect your bottom line in a severe manner each and every time
you mistakenly call the phone number of someone who has registered their
number with the FTC.
There is good news though! Businesses
can download the phone numbers from the National Do Not Call Registry and
compare their own call lists against the numbers that have been
registered. This process can do more than just help them avoid calling
people who do not want to be solicited. Developing a structured,
documented procedure to scrub call lists may help a business to
fall under the Do
Not Call Safe Harbor clause of the Telemarketing Sales Rule. As
always, an attorney specializing in this area of law should be consulted
for legal advice.
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