Small Business
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Q. Does the Federal Do Not Call list apply to me or my business?
A. 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 than 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 the dentist is subject to a $11,000 Federal fine.
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Q. Are you a telemarketer as defined by the Federal Trade Commission's Telemarketing Sales Rule?
A. "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.
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Q. Are you a telemarketer as defined by the Federal Communications Commission's adoption of the Federal Do Not Call list?
A. 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.
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Does your company plan to initiate one or more telephone calls to consumers for the purpose of encouraging the purchase of a product or service of any kind?
If the answer is YES, then you are a telemarketer, according to the Federal Government.
If you are a telemarketer, according to the FTC or FCC, you are required to:
- Complete Federal and State do not call list protection managed on your behalf
- Integrated In-house DNC List & DNC Policy Support
- Receive email notifications when your lead lists expire
- Complete Existing Business Relationship Support for safely managing call back's to inbound calls and current customers
- Complete Vertical Industry Exemption Support to maximize lead pools
- Robust reporting and audit trails to steer your compliance procedures into safe harbor
- State Do Not Call, Telemarketing Registrations, and Federal SAN Number Renewal options for a truly managed system
Failure to adequately protect your business from calling even one DNC telephone number is costly. The Federal Trade Commission has imposed fines of $11,000 per violation and state fines are as much as $25,000 in Oregon and Indiana, for example. These laws apply whether you are a doctor, dentist, real estate agent, mortgage broker, insurance agent, home business or a telemarketing company that calls people all day long.
Fortunately for small businesses, there is a cost-effective answer to all your DNC compliance needs. The Single User Package for DNCScrub™ creates a Do Not Call policy for your organization by asking you to answer a few simple questions. Then, when a consumer requests a copy of your policy, DNCScrub™ will mail your policy to the consumer under the cover of your company name. As laws change that affect your policy, it is automatically updated to remain compliant. Further, DNCScrub™ maintains internal DNC lists as required by law. DNCScrub™ also provides an easy-to-use interface to the Federal Do Not Call list and applicable State lists.
If huge noncompliance fines are not a line item in your budget this year, don't operate your business unprotected even one more day! You'll save many times the subscription cost of DNCScrub™ the first time it prevents you from calling a DNC telephone number. Sign up for free now and see how it simplifies complicated regulation and DNC telephone number tracking in just minutes. DNCScrub™ is the right tool to keep your business productive and profitable.
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