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ASKED QUESTIONS |
These answers are not to be
used as a substitute for legal counsel.
- What are the Do Not Call laws and how do I know if they apply
to my business?
The federal government and many states have passed laws that place restrictions
on calls made to residential phone numbers for the purpose of selling products
or services. Two federal laws are involved: the Telephone Sales Rule (TSR),
administered by the Federal Trade Commission (FTC), and the Telephone Consumer
Protection Act (TCPA), administered by the Federal Communications Commission
(FCC).
Consumers may request to be placed on these state and/or federal Do Not Call
lists. Phone numbers on the National Do Not Call Registry stay on the list
for 5 years.
Between the FTC and the FCC, nearly all industries that make outbound calls
to consumers for the purpose of selling products or services must abide by
these Do Not Call laws. There are some exemptions. See question #8 below
for more details on these exemptions.
- What does my company need to do to comply with the Do Not
Call laws?
Both telemarketers and sellers are responsible for complying with state and
federal laws. The federal government specifically requires all sellers to
purchase the National Do Not Call Registry. Both telemarketers and sellers
are responsible for developing, enforcing and documenting their compliance
efforts.
The federal Do Not Call laws require that a seller or telemarketer must demonstrate
that it performs the following as part of its routine business practices:
- Establishes and implements written procedures to
comply with Do Not Call laws
- Trains its personnel in these procedures
- Maintains a company-specific Do Not Call list
- Scrubs its calling lists against its unique version
of the national Do Not Call registry on the frequency required
by federal law
- Monitors and enforces compliance with its procedures
- How does DNCSolution help my company comply with the Do Not
Call laws?
The DNCSolution product family meets all of the mandated requirements. These
requirements go well beyond simply checking phone numbers. DNCSolution has
all the tools you need to ensure compliance.
DNCSolution provides state, federal, and internal or client-specific list
management and scrubbing capabilities, staff training on correct compliance
procedures, a Policy Wizard to create and fulfill your company’s Do
Not Call policy to consumers, and thorough documentation archiving and reporting
tools. DNCSolution is the most complete and comprehensive Internet-based
compliance tool.
- How are PossibleNOW and its DNCSolution service different
from other vendors and their products?
Many vendors offer products that seemingly solve the technology aspect of
the Do Not Call compliance issue, but the real task is to find a company
that can play the part of a complete compliance partner. You need to select
a compliance partner that offers more than just technology.
PossibleNOW is totally committed to the success of our customers, and it
shows in our values, experience, initiative, and service. We’ve become
the industry leader for Internet-based compliance solutions based on our
core strengths:
- Regulatory expertise
- Innovative products
- World-class infrastructure
- Proven operating procedures
- Responsive customer support
Many of the biggest names in direct marketing, insurance, financial services,
real estate, and call centers rely on PossibleNOW as their compliance partner.
Call us at (800) 585-4888 or (770) 255-1020 to
discuss how we can be your compliance partner, too.
- Is DNCSolution easy to use?
Ease of use was an important factor in the design of DNCSolution. We include
training as part of the service to ensure that your staff is fully aware
of all available features and how to correctly use them.
Since DNCSolution is an Internet-based service, it can be quickly and easily
deployed to a large number of users. There’s no investment in new software
or hardware and no costs involved with system maintenance.
An Internet-based solution enables PossibleNOW to update DNCSolution to keep
pace with changing regulatory requirements without any disruption to our
customers.
- Which product in the DNCSolution family is the right one
for my business?
PossibleNOW’s DNCSolution can scale from companies that scrub millions
of records down to individuals who verify the Do Not Call status of phone
numbers one number at a time. We can help you determine which of our products
and services is appropriate for your needs.
In general, DNCInteractive,
the foundation of the DNCSolution product family, is ideal for a corporate-wide
solution or for high volume call centers. DNCInteractive integrates seamlessly
with other products in the DNCSolution family including DNCNotification and
EBRSolution to provide a comprehensive compliance solution.
DNCQuickcheck can
be used with DNCInteractive or as a stand-alone service for
independent agents or small branch offices. DNCQuickcheck lets
you instantly check the Do Not Call status of single phone
numbers or small lists of numbers.
Let us help you determine the right compliance solution for your environment.
Call us at (800) 585-4888 or
(770) 255-1020 or e-mail sales@possiblenow.com.
- If I use DNCSolution, do I still have to buy the federal
(and/or state) Do Not Call lists?
The costs for state lists vary by each state. On the national level, you
must register with the FTC and purchase the portion of the National Do Not
Call Registry for the area(s) into which you call. Information regarding
the state lists and the National Do Not Call registry can be found in our Regulatory
Information.
PossibleNOW solves the daunting and time-consuming task of registering, licensing
any necessary state lists, and purchasing any required bonds with our Telemarketing
Registration Support Service (TRSS). TRSS gives you a convenient
way to become registered in all desired jurisdictions and to purchase any
required Do Not Call lists.
Click Here to
read more about TRSS or, call us at (800) 585-4888 or (770)
255-1020 or e-mail sales@possiblenow.com.
- Can I safely call my recent or existing customers?
The answer depends on whether or not any of those customers’ phone
numbers appear on any Do Not Call lists. The FTC and FCC have eliminated
most meaningful exemptions except one — the Established Business Relationship
exemption. The federal government allows direct marketers to call consumers
for up to 18 months following the last transaction, and 3 months from last
inquiry. State laws regarding this exemption vary by each state.
PossibleNOW has the answer to this issue with EBRSolution.
This service lets you safely call recent or existing customers whose phone
numbers are on a Do Not Call list. Click
here to read more about EBRSolution or call us at (800)
585-4888 or (770) 255-1020 for more details.
- How does DNCSolution help my company in the event of an unwarranted
citation?
DNCSolution archives all of your Do Not Call compliance activities so that
you have a complete record of what you have done. You can access this data
through DNCSolution’s online reporting capability. This data can be
used to mount a safe harbor defense in the event of an unwarranted citation.
The federal government and most states also provide for human
or system error. If an error occurs, a company must be able
to demonstrate that it has done all of the
following:
- Established and implemented written procedures
to comply with the Do Not Call laws
- Trained its personnel in these procedures
- Correctly maintained a company-specific Do
Not Call list
- Scrubs its calling lists against the National
Do Not Call Registry on the required frequency and keeps
records of these activities
- Monitors and enforces compliance with its
procedures
- Made the violating call as a result of an
error
- Can DNCSolution help my company save money?
The answer is an emphatic YES! Our solutions can also help you save time
and effort.
Failure to comply with state and/or federal Do Not Call laws carries fines
and citations that can run into thousands of dollars. Multiply the potential
for fines by the number of people who place outbound sales calls for your
company and you can see that compliance is a serious matter.
Also, many companies think they can save money by developing their own compliance
solution. The development and IT costs can be staggering. PossibleNOW offers
a proven solution that is used by hundreds of companies and tens of thousands
of independent agents and sales professionals. Why spend the time, money
and effort to develop an internal solution when you can go with the proven
leader?
- Is DNCSolution reliable?
PossibleNOW has invested heavily in a world-class infrastructure. DNCSolution
runs on a secure, hosted platform at one of the nation’s most state-of-the
art hosting facilities. You are assured of maximum service availability.
Have a question that is not covered here? Call PossibleNOW,
the trusted source for Do Not Call compliance solutions, at (800) 585-4888 or (770)
255-1020. Or, e-mail sales@possiblenow.com.
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