The Telemarketing Sales Rule: A Comprehensive Guide
What is the Telemarketing Sales Rule?
The Telemarketing Sales Rule is a federal law that governs telemarketing calls. It’s designed to protect consumers from deceptive and abusive sales practices over the phone. Basically, it sets standards for telemarketers to follow when making sales calls or solicitations.The rule covers any plan, program or campaign to sell goods or services through interstate phone calls. This includes calls made by third-party telemarketers who are hired to make sales on behalf of someone else.So whether you’re a small business making your own sales calls or a big company hiring an outside telemarketing firm – the Telemarketing Sales Rule applies. It doesn’t matter if the calls are made from a dedicated call center or just from your cousin‘s basement. As long as it’s telemarketing across state lines, you gotta follow the rules.
Who Enforces the Telemarketing Sales Rule?
The Telemarketing Sales Rule is enforced by the Federal Trade Commission (FTC). They’re kind of like the cops for deceptive marketing practices. If a company violates the rule, the FTC can take legal action and issue some serious fines.But it‘s not just the FTC watching over telemarketers. All 50 states have their own consumer protection laws that could also apply to telemarketing calls made to residents in that state. So telemarketers have to comply with all relevant state laws too.Some key requirements of the Telemarketing Sales Rule include:
-- No misrepresentations about any product, service, investment opportunity or prize promotion
- Disclosure requirements for costs, restrictions, refund policies, prize odds, etc.
- Prohibitions on abusive conduct like threats, intimidation or calling people who asked not to be called
- Compliance with Do Not Call rules including keeping lists of people who don’t want calls
- Limits on when you can call (no late night or early morning)
Basically, the rule tries to curb all the shady, annoying tactics that give telemarketers a bad name. Let’s be real – nobody likes getting constant spam calls interrupting their dinner. The FTC wants to cut down on that.
Telemarketing Sales Rule Penalties
If the FTC finds a company violated the Telemarketing Sales Rule, they can issue civil penalties of up to $43,792 per violation. And that can really add up fast if there were a bunch of illegal calls made.For example, in 2019 the FTC hit a company called Dishant with a $7.8 million penalty for making millions of illegal telemarketing calls pitching home security systems and other services. Ouch.The FTC can also get court orders to stop deceptive telemarketers from operating and freeze their assets. So violating this rule is serious business.State laws have their own penalties too. In some states, violating telemarketing rules is even a criminal offense that could lead to jail time for individuals involved.
Do Not Call Registry Requirements
One of the biggest parts of the Telemarketing Sales Rule is the requirement to comply with the National Do Not Call Registry. This is a list where people can sign up to reduce telemarketing calls.If someone is on the Do Not Call list, most telemarketers are prohibited from calling them. There are some exceptions, like calls from political organizations, charities, debt collectors and companies you already have an established business relationship with.But in general, if you‘re making telemarketing sales calls, you have to scrub your call lists against the Do Not Call registry every 31 days. That way you can be sure you aren‘t calling anyone who opted out.Calling someone on the Do Not Call list can result in huge penalties from the FTC. In 2015, the FTC fined DirecTV $9.2 million for over 1 million calls to people on the registry. So it’s not worth the risk.
Telemarketing Sales Rule Exemptions
While the Telemarketing Sales Rule covers a lot of ground, there are some key exemptions where it doesn’t apply:
-- Non-sales calls – The rule only covers telemarketing calls intended to sell something. Informational calls, surveys, charitable solicitations and political calls are exempt.
- Face-to-face sales – If the sales process starts with an in-person meeting or transaction, any follow-up calls related to that sale are exempt from the rule.
- B2B calls – Calls made to induce a business or commercial transaction that is not primarily for personal, family or household use are exempt.
- Established business relationships – Companies can call customers with whom they have an existing business relationship, even if the customer is on the Do Not Call list.
So while the rule is pretty broad, there are some carve-outs for common business practices. But in general, if you’re a for-profit company making interstate phone sales calls to consumers, you need to comply.
Telemarketing Sales Rule Controversies
Like any big government regulation, the Telemarketing Sales Rule has sparked some controversy over the years. Critics argue it goes too far in restricting legitimate business practices and free speech.For example, in 2012 the U.S. Supreme Court struck down certain provisions of the rule related to robocalls. The court said the FTC overstepped its authority by putting broader robocall restrictions than what Congress authorized.There have also been First Amendment challenges arguing the Do Not Call list violates free speech rights by restricting commercial calls. But so far, courts have upheld the registry as a reasonable way to protect consumer privacy.Some in the telemarketing industry feel the rule is overly burdensome and makes it too hard to reach potential customers. They argue it gives an unfair advantage to companies that are exempt, like non-profits and political campaigns.On the flip side, consumer advocates argue the FTC needs to crack down even harder on violators. They say too many illegal robocalls and scams still slip through the cracks.It’s an ongoing debate about striking the right balance between consumer protection and allowing legitimate marketing practices. As telemarketing tactics and technology evolve, the rules may need to adapt too.
Telemarketing Sales Rule Compliance Tips
If your business engages in any kind of telemarketing, it‘s critical to have robust compliance procedures in place. Even unintentional violations can lead to stiff penalties from the FTC or state regulators.Here are some tips for complying with the Telemarketing Sales Rule:
Get Policies and Training in Place
- Develop clear written policies spelling out your telemarketing practices and how to comply with the rule
- Provide regular training to your sales staff on the policies and requirements
- Designate someone to oversee compliance efforts
- Implement quality assurance monitoring of sales calls
Follow Do Not Call Requirements
- Scrub your call lists against the Do Not Call registry every 31 days
- Have a process to honor any do-not-call requests during sales calls
- Maintain an internal do-not-call list for your company
- Make sure to get proper consent before calling any numbers on the registry
Avoid Deceptive Practices
- Don’t misrepresent any aspect of your products, services or promotional offers
- Provide clear, conspicuous disclosures about all costs, terms, conditions, etc.
- Don’t make threats, intimidate or harass consumers during calls
- Comply with calling time restrictions (no late nights or early mornings)
Keep Detailed Records
- Document your compliance efforts and procedures
- Record proof that you’ve scrubbed lists against the Do Not Call registry
- Maintain call logs and recordings
- Keep data on any do-not-call requests received
Vet Your Vendors
- If you hire third-party telemarketers, vet them thoroughly
- Make sure they have proper procedures to comply with the rule
- Get contractual assurances they will follow the law
- Monitor their compliance on an ongoing basis
By taking a proactive approach to compliance, you can avoid costly penalties and reputational damage down the line. The key is institutionalizing it as a core part of your sales practices.
Telemarketing Sales Rule Resources
If you need more guidance on the Telemarketing Sales Rule, here are some handy resources:
-- FTC Telemarketing Sales Rule website – Overview, FAQs, publications and enforcement actions
- National Do Not Call Registry – Where to register numbers and get caller data
- Telemarketing Sales Rule staff guidance – FTC’s interpretations of the rule
- State consumer protection offices – For info on state telemarketing laws
There are also tons of legal blogs, law firm websites and other online resources that analyze the Telemarketing Sales Rule in depth. A quick Google search will turn up plenty.