Important Information About Federal Regulations
Disclaimer: You and your organization are 100% responsible for making sure you are in compliance with all Federal, State and Provincial telemarketing and outbound regulations. You will be solely liable for calls originating from your account; whether you make these calls yourself, or you ask our customer service to make calls on your behalf, using your provided data.
Fines can be over $10,000 dollars. You MUST take compliance seriously!
While the benefits of automated calling can be tremendous, it is also very critical to follow the law. There are strict guidelines as to who can make automated calls. The best place to learn about such laws is the Federal Trade Commission.
It is important to understand that while we provide the technical capability for you to make thousands of calls automatically, it is ultimately YOUR RESPONSIBILITY to understand the law and to make sure you are legally allowed to make calls to the people on your list. As a courtesy, we are providing some information on this page, but this information is subject to change and you should not rely on this; instead check out the various resources by FTC and other regulatory agencies.
Please understand that when you log-in to our web portal, you will have to agree to certain terms and Conditions every time to ensure you comply with the law. Among other things, you MAY NOT use our system for fraudulent activities. Doing so, will result in the termination of your account and reporting to the appropriate authorities. Note that you are still 100% responsible for the use of our calling platforms whether you make the calls yourself, or whether our customer services places the calls on your behalf at your direction.
In general, commercial telemarketers are not allowed to call people if their number is on the do-not-call registry, subject to certain exceptions. The Do-Not-Call registry does not prevent all unwanted calls. The Do Not Call provisions of the Telemarketing Sales Rule do not cover all telemarketing calls. The following types of calls are generally exempt from the do-not-call-registry:
- Calls from political organizations, charities, and people conducting surveys
- Calls from companies with which you have an existing business relationship. (A company may call you for up to 18 months after you buy something, or for three months after you inquire about something or submit an application.)
- Calls from companies you’ve given permission to call you
Companies that make automated or manual calls are required to search the do-not-call registry at least once every 31 days and drop drop from their call lists the phone numbers of consumers who have registered.
Comparitech has analyzed data from the Federal Trade Commission to better understand robocalls registered around the U.S. over time. They have analyzed do-not-call trends and complaints about spam calls, including top locations, and topics. Detailed info about their excellent research can be viewed on their website.
Courtesy of Comparitech.
It is ultimately the customers’ responsibility to subscribe to the Do-Not-Call registry and scrub your list. As a courtesy, we do provide scrubbing services, provided you sign up for the do-not-call list subscription. The subscription is annual and is available on a area code basis. Check with your account manager for the most current pricing.
Here are some of the links that provide a starting point for you to make sure your phone list complies with all laws:
- CTIA Short Code Monitoring Handbook (common short code campaign guidelines updated on 1 October 2015
Some links for Canadian Regulations:
- CMA National Do Not Call List and New Telemarketing Rules
- Canadian Radio-Television and telecommunication Commission
CMA Telemarketing Guide - Memorandum of Understanding (CRTC and Commissioner of Canada Elections)
- Government of Canada Guidance on Voter Contact Registry
CRTC do not call list - National Do-Not-Call List
- CRTC Unsolicited Telecommunications Rules
Choose a Reputable Attorney
Please ensure your company or non-profit organization stays up to date with changes in telemarketing & outbound calling regulations & laws by using a reputable attorney or compliancy solution.
You can search for telecommunication Attorneys here
Contact a Compliance Agency
Compliance assistance organizations have hands-on experience in dealing with industry and government authorities.
Here are some Compliance Organizations that you may want to seek help from:
Note: We neither endorse nor recommend any of these providers. These are provided just for your convenience. Agencies” If you would like to add your company to this list, please send an email to compliance@ivr-lab.com
BY USING OUR SERVICES YOU AGREE:
- Familiarize themselves with any additional International, Federal, State, or local laws governing your dialing.
- Place all individuals requesting DNC status, on Customer’s accounts DNC list, immediately.
- Provide legal contact information in any outbound campaign within the initial greeting message.
- Provide all data and with this ability agrees to responsibly dial each campaign with courtesy to the recipients for which it is meant.
- Schedule campaigns responsibly.
- Not send any calls to life-line services, such as hospitals, fire, police, 911, or utility related telephone numbers.
- Not send any sales outbound broadcasts to recipients that have not consented to receiving such a broadcast.
- Consult with a lawyer or attorney before dialing any data for which customer is unfamiliar, or if legalities of dialing remain unclear to Customer.
NOTE: The information provided does not constitute legal advice. The information provided is for your convenience only and we urge and require our customers to do their own due diligence in the state, province or country they are engaged in and consult legal advice. While we make every effort to post accurate information on this website, we cannot be held responsible for typos, out of date information and omissions.
