Risk and Legal Liability with your Telemarketing Campaign
Telemarketing can be a monumental approach to supplement your Business Development methods. But it can come with monumental risks if you do not do it correctly. I am specifically referring to all of the Federal, State and Local laws and conditions regarding the Telephone Consumer Protection Act (TCPA) such as Do Not Call Lists or regulations on using auto-dialers.
Here are just a few Q / A’s that address the pitfalls that many companies can fall into.
We just do Business to Business calls, so those do not apply to us correct?
Not necessarily. While a number of B2B calls are exempt from the TCPA, there are still a few things to watch out for.
- Not all states exempt B2B calling from their DNC laws
- If you are selling a product/service to induvial at the company (i.e. individual insurance plans), this is not considered B2B
- Multi-Use phones. Some company’s phones are also used for private use. If that number has been registered with the DNC, you are still in violation.
- Calling business cell phones, the rules still apply (covered further down in this article)
- You must still follow Opt-Out requests
We have run our numbers through the national DNC database, so we are all set to correct?
Unless you are calling one of these State which maintain their own DNC registry…
- Colorado
- Florida
- Indiana
- Louisiana
- Massachusetts
- Mississippi
- Missouri
- Oklahoma
- Pennsylvania
- Tennessee
- Texas
- Wyoming
We have an outsource provider or contractor doing the calling, so we are covered correct?
Wrong, wrong, wrong.
We are using a text Campaign instead of calling, so we are exempt correct?
Wrong, there is actually more liability! Unless that individual has already given you permission to text them, you are not to send unsolicited texts.
Furthermore. DO NOT use an autodialer to call a cell number. Big time NO-NO
What if the chances are small of us actually getting caught?
This, I would answer with a question. Have you really thought out the Risk versus Rewards? The average fine runs $500-$1500 for EACH call or text. Some States outline up to a $20,000 fine PER violation. With over 300,000,000 people registered on the national DNC registry…is it really worth it?
If you would like more information or would be interested in finding out how we can help….please visit us at mysourcesolutions.com
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