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Legal Telemarketing Frequently Asked Questions

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DNC Legislation
Q.  Does this Do Not Call stuff apply to me?
Q.  I thought small companies were exempt from the DNC list, right?
Q.  How many numbers are on the Do Not Call list?
Q.  What is the TCPA?
Q.  What is the TSR?
Q.  How can I find regulations governing telemarketing?
Q.  How many types of DNC lists are there?
Q.  What are the requirements for internal DNC lists?
Q.  What constitutes an existing business relationship (EBR)?
Q.  If state regulation varies from federal, which do I follow?
Q.  Do I have to hire full-time compliance staff to stay abreast of the regulations?
Q.  What about Business-to-Business (B2B) calls?
Q.  I only take inbound calls but occasionally call for followup. (Or: I only call internet leads.) Do I need to scrub for any DNC or wireless numbers?
Q.  What are the fines for Do Not Call violations?
Q.  Do I need to register as a telemarketer in all 50 states?
Q.  My call center is not in the US. Do I need to comply with these rules?
Q.  I am a service provider, do I need a SAN?
National Subscription
Q.  What is a SAN number?
Q.  How do I obtain a SAN number?
Q.  Do I really have to buy the Federal list or is there a way around it?
Q.  Can I use someone else's SAN?
Q.  I forgot my SAN. What do I do?
Q.  Do I have to have all the area codes to use this service?
Legal DNCScrub Use
Q.  Do I need a SAN number to sign up?
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Glossary of Industry terms
ADAD
Automatic Dialing and Announcing Device. ADAD telemarketing is also known as pre-recorded message telemarketing and is specially regulated by various jurisdictions.
Agency or Broker
Refers to teleservices agencies and call list brokerage firms respectively. Special provisions are made for these business types to accommodate their need to scrub lists on behalf of multiple clients, each represented by a Project with its own private DNC and EBR database, policy, National (FTC) Subscription, etc.
DMA
Direct Marketing Assocation. Maintains and publishes several databases such as the Wireless Blocks (Prefixes) and the Telephone Preference Service (TPS). A subsidiary of the DMA also happens to maintain the DNC databases for several states.
DNC Policy
A document that details the organization's procedures with respect to the Do-Not-Call regulations, especially the organization's internal DNC database. All telemarketers are required by law to maintain and follow such a document and make it available to the public upon request.
DNM
Do-Not-Mail database of people who do not wish to receive sales solicitations by mail.
EBR
Existing Business Relationship. The exact definitions of EBR vary between jursdictions but are typically defined as some varying length of time since the last contact of the telemarketer with a person, where the contact can be of different types: Explicit Permission, Inquiry originating from the person, or Purchase. The last date of a Purchase is typically defined as the date of the last shipment or payment on a given purchase. EBRs are typically exempt from many DNC regulations.
Exemption
A exception to the DNC regulations given by a jurisdiction to certain types of businesses engaged in certain types of telemarketing.
Interstate Call
Call placed across state lines - falls within both the FTC and FCC jurisdictions and possibly within the jurisdication of the state call is placed to.
Intrastate Call
Call placed to a number within the same state - falls within the state and the FCC but not FTC jurisdications.
Multi-Location Business
Refers to organizations with numerous branch offices, franchises, representatives, etc. Special provisions are made for this business type to accommodate their need to manage a single set of internal DNC and EBR databases, policy and National (FTC) Subscription that can nevertheless be securely and privately used by each location.
NANP
North American Numbering Plan is the telephone numbering scheme that serves the United States, Canada, and several other countries and territories in the region. The NANP divides the participating countries into area codes, each of which is a three-digit number. Within each area code, a telephone number is always 7 digits.
National DNC (FTC) Subscription
Subscription to one or more area codes (or the entire United States) of the National DNC Registry maintained by the FTC. This yearly subscription is required by law for non-exempt telemarketers and must cover all area codes into which telephone calls will be placed. Each telemarketing organization must have its own subscription.
Organization Id (FTC)
An id ending in dash and 5 numbers assigned by the FTC's National Registry to an organization. This Id is used to login to the FTC's National Registry web site.
SAN (FTC)
Subscription Account Number is a unique number identifying an organization's subscription to specific area codes in the National Registry. The SAN is assigned when payment is accepted by the FTC. At the end of the annual subscription period, the SAN expires. A SAN can be provided to an Agency or Broker who can add it to the National Registry account associated with their Organization Id so that they can obtain the client-specific DNC database on their behalf. Hence, more than one SAN can be associated with a given Organization Id and a SAN can be accessible through more than one Organization Id.
Scrub
Scrubbing is the process of checking a list of phone numbers against one or more databases and producing an output in which the phone numbers in the list that match the database(s) are removed or separated out or somehow flagged.

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