As
of this writing, 32 States maintain mandated "Do
Not Call" lists. The FTC list has 57 million consumers
on their DNC list, with many states sharing with
the National List. These lists consist of consumers
who have signed up not to be called by telemarketers.
Fines levied by States Attorney Generals range
from $500. to $25,000. per violation, while the
FTC/FCC fines are $11,000. per violation. With
over 100,000 consumer complaints in the first
six months of the National List, many fines will
be issued in the near future!
Unless the telemarketer has a pre-existing relationship
with a consumer (or fits the charitable or other
few specific exceptions), it is against the law
for the telemarketer to call these consumers.
When a consumer calls your business for more information,
you can call them back for 90 days. After that,
if they are on the do not call list you cannot
call. If THEY renew your relationship any time
in that 90 day span, the time period starts over!
Pre-existing relationship laws vary from state
to state but the National law is 18 months. The
FCC says they will defer to the "more stringent
of the two" (between state and FCC do not
call laws) when prosecuting a violation. Some
states have more stringent pre-existing relationship
laws such as California with one month.
Pre-Existing relationship starts from either
the "Order Date" or "Ship Date"
of a product or service. As a business, you may
use either standard, but must be consistent once
you choose a standard.
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