Do Not Call Compliance
As of October 1, 2003, telemarketers have been required to comply with the national DNC (Do Not Call) registry. The DNC registry is a compilation of phone numbers belonging to consumers who do not wish to be solicited via telephone. The initial registry does not include all state DNC lists, which have been compiled independently of the national DNC list.
Certain telemarketing entities are exempt from the DNC legislation: Charities, political organizations, and organizations that conduct research, for example. In addition, if you have an existing business relationship (expires 18 months from the transaction date or three months from the application or date of inquiry), you are exempt. If you telemarket on behalf of another company, you must register. If calls are made on your behalf by a telemarketing company you must register.
In addition to a unique SAN (subscription account number), every seller must obtain his or her own copy of the DNC list. The telemarketer is responsible for scrubbing his or her list every three months.
You can register in up to five area codes at no cost. If you register six or more area codes, the cost is $25 per area code. The maximum cost is $7,375. A registration number can be obtained by visiting: https://telemarketing.donotcall.gov/default.aspx
The risks associated with not registering and maintaining DNC compliance far outweigh the costs of conformity. Federal penalties for DNC infractions can be as high as $11,000 per incident. In addition, there are state penalties that range from $500 to $25,000 per infraction.
In addition to the fines that may be associated with the telemarketer's failure to abide by the legislation, the company may be subjected to civil lawsuits, as consumers can sue under TCPA. The bad publicity that will be associated with violations will be damaging to companies that choose not to comply.
Direc-Tel is able to help you, the telemarketer, understand and comply with the DNC Regulations. Under the DNC legislation, Direc-Tel is able to act as the SP (Service Provider) for telemarketing companies. The services we provide as the SP can be purchased individually or as part of a package. Please contact your Direc-Tel Account Executive for more details. Some of the services available include the following:
- Telemarketer registration (with the federal government) and SAN (Subscription Account Number) acquisition
- Attainment of the registry on behalf of the telemarketer at required intervals
- Flagging or purging of numbers found on the DNC list on the telemarketer's in-house phone list
- Flagging or purging of numbers found on the state and DMA's Direct Marketing Preferences List
- Assistance in the creation of a company DNC policy to be provided to consumers upon request
- Creation and management of an internal DNC list
- Implementation of a system to maintain records of company's compliance efforts