The agencies that enforce the Federal Do Not Call List are the Federal Trade Commission (FTC) and the Federal Communications Commission (FCC). Each has a definition for telemarketing.
If you or your organization's activities fall under either of the definitions of telemarketing, you are required to comply with the Federal Do Not Call list. If your organization's activities do not fall under either of these definitions you may still be subject to various state laws concerning telemarketing.
Example: It has been more then two years since a consumer who is on the federal DNC list has visited their dentist. If the dentist contacts the consumer to ask them to set an appointment for a cleaning a violation of the Federal Do Not Call provisions has occurred and is subject to a $16,000 Federal fine.
"Telemarketing" is a plan, program or campaign conducted to induce the purchase of goods or services or to generate charitable contributions, by use of one or more telephones and which involves more than one interstate telephone call. The term does not include the solicitation of sales through the mailing of a qualified catalog.
The term "telemarketing" means the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person.
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.
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.
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.
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.
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.
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.
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.
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.
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.