We all know that people around the globe now spend hours on their phones. Due to this, telemarketing is now a very essential marketing strategy.
When a business wants to start a telemarketing strategy, it must first create a contact list. However, this goes beyond just getting and contacting several phone numbers. When doing this, a business has to be properly aware of the DNC Registry, how it works, and every other important aspect.
Therefore, in this article, we will be discussing everything you need to know about the do not call compliance pool to help you understand it. This way, your business can avoid any lawsuits and fines that may steam from violating customer’s rights.
How the Do-Not-Call Registry Works
The Federal Communications Commission and FTC established The Nation’s Do-Not-Call Registry in the year 2003. This registry was created so that telemarketers would have a register of numbers who wants a limit on the calls they get from telemarketers.
With the list, a telemarketer will be fully aware of which phone numbers have put a restriction on how often or if at all they are to be reached by telemarketers.
How the Registry Protects Customers’ Rights
A consumer that does not want to be bombarded by calls from marketers can put their phones and landlines on the registry. But, phone numbers and fax can’t be registered.
Outside the national registry, some states (14) have their state’s DNC registries as well as other regulations that are meant to protect customers’ rights. Since some states may have state and national registries, businesses that want to employ telemarketing must ensure they comply with both registries.
Apart from these lists, having an internal DNC list is compulsory for any business. Advertisers should also have written policies about the use and management of all the DNC lists.
How to Use the Registry
Telemarketers who wish to place telemarketing calls have to register with the registry. Visit here to learn more about creating a DNS profile. Some fees may be required and telemarketers’ service providers can use the registry as well.
After registration, the subscriber will get just the phone number of customers that have registered. Names or other details will not be listed. The only reason for this list is to ensure that the phone numbers listed get limited telemarketing calls.
Yet, that a phone number is on the list doesn’t mean those numbers can’t get any calls from telemarketers at all. If a consumer wishes to get calls from a specific organization, they can give their consent for this.
So, as an advertiser, you can contact customers who:
- Agrees expressly (should be written) to get calls for or from the business.
- Give affirmative consent to get calls on for or from the business. This consent must be in the form of a conspicuous and clear request.
- Give a phone number that the calls will be placed; this is an important part of the agreement.
Do-Not-Call Registry Violations
The actions below are considered DNC violations:
- Interfering with or preventing a customer’s right of being registered on the list.
- Using the registry for purposes outside the purpose of the list.
- Calling a number registered on the list. However, this is not considered a violation if the number has granted consent as discussed above, or if the call qualifies for some exceptions to the rule.
If a number falls under any of these exceptions, then a seller can place a call to the customer:
If an advertiser mistakenly makes the telemarketing call, then they may be free from the sanctions or penalties attached to the violation. However, for an advertiser or business to be granted this pardon, they must:
- Have and implement a proper written internal DNC procedure
- Have an internal DNC list
- Ensure their affiliates and personnel are properly trained to follow their DNC procedures
- Must update their calling list in synchronization with the national Do-Not-Call Registry every thirty-one days.
Established Business Relationship
If a customer has an established relationship with a business, then the business can call the customer even if they are on the DNS list. Check here: https://www.lawinsider.com/dictionary/established-business-relationship to find several established business relationship definitions. This is provided that the customer has not said they do not want to get telemarketing calls from the business.
This exemption is only possible if the customer:
- Transacted any financial business with the company in the past 18 months
- Had asked about the business’s goods and services in the past 3 months.
However, some states may have rules about EBR exceptions that may be different from the national rules. These varying rules may be stricter than the national ones, therefore, it is important to check and be sure of the state rules.
In this article, we have discussed everything you need to know about the Do-Not-Call registry. We believe this article will help your business avoid the pitfalls of violating customer’s rights when it comes to the DNC rule.