Sending Pre-recorded Phone Messages and the Law

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The days of using automated phone dialers and sending pre-recorded phone messages to an indiscriminate list of numbers in the phone book are long over.  The federal government, and most state governments, have instituted laws that strictly regulate such activities.  In fact, if you aren't careful, you can be subject to a very hefty fine.  While the laws are constantly changing, there are some general rules of thumb you need to know about.

First, unless you have an existing business relationship (EBR) with someone, it is against the law to voice broadcast a message to someone who has their number on the national Do Not Call list.  Many states have their own Do Not Call lists as well.  Second, the only exceptions are for non-profit organizations or political candidates.  So, if you are private telemarketer, you are advised to study the rules carefully, or hire an attorney who can help you.  There are phone lists you can purchase that are "scrubbed" against the Do Not Call list that would enable you to call people who don't mind being solicited.  However, if you are misled and the list was not scrubbed against the Do Not Call list, as advertised or promised by the list broker, you can still be fined.  One company was fined over a million dollars.  These are treacherous waters and you have to VERY careful.  Here is a good run down on what the law says: http://www.dnclistmanager.com/do_not_call_laws.html

Nearly all of our OrangePoint business involves serving customers who send messages to those whom they have a prior business relationship with, so our customers are safe from any penalties.  Nonetheless, it's important that you follow the letter of the law, and that's exactly what we ask our customers to do.  Meanwhile, there are several companies that specialize in "call compliance" -- services that insure that you don't get yourself in trouble.  Here is the link to a popular call compliance company that claims none of their customers have ever been fined.  It would be worth it to check them out:  http://www.callcompliance.com

You should also review the Federal Communication Commission guidelines here: http://www.fcc.gov/cgb/consumerfacts/tcpa.html

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This page contains a single entry by Lee Simonson published on May 2, 2008 7:35 AM.

Most Popular Phone Broadcasting Feature was the previous entry in this blog.

Is VOIP Unreliable for Sending Automated Phone Calls? is the next entry in this blog.

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