Your business is entirely responsible for the calls that are made. Telemarketing fines can be extremely expensive, so please make sure that your company is utilizing the tools and information made readily available online.
Compliance Reference Pages
Make sure to stay up to date with telecom regulations, as they are constantly changing. Some companies may be exempt from DNC regulations and may subscribe to the registry for exempt status.
How DCDIAL Can Help With Compliance
Our interface provides you with many tools to help you comply with regulations, such as the Campaign Scheduler and Time Zones tools, which will make sure that your calls are placed within the allowed times. You may also set up Customer Contact Schedules and further filter those by setting State Compliance Schedules. Additionally, a customer can be added to the Do Not Call list easily and efficiently by the agent.
Using DCDIAL Responsibly
- The client cannot send calls through to emergency lines
- The client must maintain responsible campaign scheduling
- The client must honor customer requests to be added to the Do Not Call list
- The client must state their legal contact information in their greeting message
The following excerpt is taken from https://telemarketing.donotcall.gov:
In general, your organization is not required to access the National Do Not Call Registry, and thus may access as an Exempt Organization, if one or more of the following is true:
1. Your organization is not subject to either the FTC's or the FCC's jurisdiction. For example, a non-profit charitable organization may be an Exempt Organization, assuming, of course, that it is truly a non-profit. Entities that have been granted tax exempt status under the Internal Revenue Code are not necessarily Exempt Organizations for purposes of the National Do Not Call Registry. See, e.g., FTC v. National Consumer Council, Inc., and FTC v. Debt Management Foundation Services, Inc., at http://www.ftc.gov/opa/2005/03/creditcouncel.htm
2. Your organization does not engage in any "telemarketing" or "telephone solicitation" activities, as defined by the FTC and FCC, respectively. For example, survey calls and political polling calls are not covered by the definition of "telemarketing" or "telephone solicitations." An organization that places ONLY these types of calls may be an Exempt Organization.
3. Your organization qualifies for one or more of the specific exemptions contained in the FTC's and FCC's rules, such as:
a. you only call to solicit charitable contributions; or
b. you only call consumers with whom you have an established business relationship; or
c. you only call consumers from whom you have received written permission to call; or
d. you only make business-to-business calls.
If you are a for-profit telemarketer, you are NOT an Exempt Organization, even if you call consumers on behalf of an Exempt Organization, such as a non-profit. See, e.g., National Federation of The Blind v. FTC, 420 F.3d 331 (4th Cir. 2005).
Additionally, you must be accessing the National Registry solely to prevent telephone calls to telephone numbers on the National Registry.
Whether your organization is exempt is a decision that requires an understanding of the FTC's and FCC's requirements, as well as your specific business practices. Therefore, whether you should subscribe as an Exempt Organization is a decision you must make. In making this decision, you may wish to consult with an attorney.
If you are not an Exempt Organization and you have nevertheless subscribed to the Registry as an Exempt Organization, you may be subject to civil and/or criminal penalties. If you subscribed as an Exempt Organization by mistake, and wish to withdraw your subscription, please contact the HELPDESK.
You may wish to consider the following materials when deciding whether to subscribe to the National Do Not Call Registry as an Exempt Organization:
- The FTC Act at 15 U.S.C. §§ 41-58 and related case law.
- The Communications Act at 47 U.S.C. §§ 151-757 and related case law.
- The Telephone Consumer Protection Act (TCPA) at 47 USC §227 and related case law.
- The Telemarketing and Consumer Fraud Abuse Prevention Act at 15 U.S.C. §§ 6101-6108 and related case law.
- The Do Not Call Implementation Act at P.L.108-10, 117 Stat. 557, and related case law.
- The Telemarketing Sales Rule at 16 C.F.R. § 310 and related Agency statements and case law.
- The FCC's rules implementing the TCPA at 47 C.F.R. § 64.1200 and related Agency statements and case law.
NOTE: You may also want to review the requirements in those states in which you plan to do business and/or to which you plan to place calls. Many states prohibit calls to telephone numbers listed on the National Do Not Call Registry.