A not-so-friendly warning goes out to anyone who uses services to automate their outbound recorded telephone calls, dubbed “robocalls” — the FTC has prohibited its use except for certain exempt groups. The new law, Amended Telemarketing Sales Rule, is due to be in effect starting September 1st, 2009.
According to the Federal Trade Commission (FTC), there was over 14,000 comments held in consideration about this new law since 2006. One thing is clear, the ease of contacting prospects and customers is becoming a sport of the survival of the fittest among marketing and sales teams in companies.
Under criticism, some say the provisions don’t adequately prevent automated recorded calls from taking place. It’s because the law, like most telemarketing or email laws, they afford non-profit groups to be exempt and instead require they must have an opt-out mechanism. Likewise, debt collection, political, charities or similar “regulated” calls are free from enforcement. (Don’t get me started when my local Fraternal Order of Police harassed me soliciting donations last year… but that’s a different blog post and the limit of the law.)
If you have any campaigns that make use of automated recordings for sales purposes, it’s out advice that you shut those off and review the lengthy new terms of engagement. Luckily transactional, informative recordings such as confirming attendance to events and stuff are still legal. Perhaps the complexity of the new FTC guidelines will become such an obstacle to engage in commerce via telephone, that in itself will prevent companies from even getting started in this whole telemarketing mess. (It’s okay, we got this whole Internet, Marketing and Sales thing covered.)
I did insert a lot of my opinions and conjecture in there, so don’t hold me to it. I did however want to share our message to our customers about this important news from the FTC. This evening, we sent the following notice to our customers who have used our additional voice broadcasting services in the past year:
Effective September 1, 2009, the Federal Trade Commission (FTC) has amended the Telemarketing Sales Rule (16 C.F.R. Part 310) ruling automated telephone calls placed to consumers, known as “robocalls,” are prohibited and may result in fines and penalties. This even applies if you engage in automated voice broadcasting to customers and prospects regardless of a current or former business relationship.
As a customer of Infusionsoft who has previously used our Voice Broadcasting service within the past year, we wanted to make sure you were aware of the recent FTC ruling that takes effect September 1st, which may affect they way you market to your prospects and customers. Please read the news release and the “Facts for Business” carefully and thoroughly, as specifics are outlined as to uses of voice broadcasts that are allowed.
FTC News Release:New Rule Prohibiting Unwanted “Robocalls” to Take Effect on September 1
FTC Facts for Business: Complying with the Telemarketing Sales Rule
We’d like to highlight one of the important requirements — written consent. In order to make automated phone calls to contacts, you must retain the proper documentation that gives you express consent to contact them via telephone via an automated system. Please refer to the either of the links above to learn more about what qualifies as appropriate documentation.
As a company, we’re not able to confirm or deny your compliance to these mandates. We are notifying you because you have used our powerful voice broadcast integration and you should be aware its civil and legal implications, if you use them improperly. Please be aware, this law is not to be confused with the CAN-SPAM Act, which is designed to regulate commercial email.
If you have any questions, please refer consult with the links listed above, “Facts for Business,” which will resolve your questions or concerns.
[Photo credit: faeryboots on Flickr]
Posted In: Small Business
