March 01, 2006
How Well Do You Understand the Do Not Call Laws?
TMCnet CRM Alert Columnist
How well do you understand the Do Not Call laws? Take the five-question quiz on the web site of Chris Harshbarger of Harshbarger & Associates, LLC, which offers Telemarketing Compliance consultations on the matter:
According to the Do-Not-Call Laws, can you call any business right out of the yellow pages without fear of being fined?
If you call a Referral and they are on the Do-Not-Call List, can they report you or sue you?
If you are calling just to ask survey questions are you exempt from the DNC guidelines?
Can you be personally fined if your company is fined for an offense?
Do you know what one piece of paper can keep you compliant with the DNC laws?
Might be helpful to know the answers -- see below. The Federal Trade Commission and the Federal Communications Commission are getting serious about cracking down on violators of the 2003 Telemarketing Sales Rule, popularly known as the Do Not Call laws.
In 2005 Dynasty Mortgage was fined $770,000 and closed their doors. Later in 2005, Total Remodeling was fined $151,500. Both are small regional companies who got whacked with serious fines.
Chris Harshbarger of Harshbarger & Associates, LLC, which offers Telemarketing Compliance consultations to anyone who chooses to do business on the telephone, says sales people could be looking at fines of $5,000 or more for every violation.
"This is really starting to cause a commotion in the network marketing industry," Harshbarger says, adding that it really doesn't make much sense for telemarketers to violate the Do Not Call registry:
"If the person the telemarketer is calling does not want to be called, and will therefore probably not purchase the product or service, why call them? To me, this is simple logic. These people on the Do Not Call list do not want to be called, so don’t call them.”
Oh, right -- according to Harshbarger, #1, no; #2, yes; #3, no, #4 yes, and #5, evidently there is one.