|
TELEMARKETING REGULATORY AND
COMPLIANCE.....
THE TAFT-HARTLEY ACT OF THE LATE 40s WAS DESIGNED
TO REGULATE UNETHICAL WALL "STREET" PROMOTERS, MUCH
LIKE CURRENT AND FUTURE LEGISLATION WILL REGULATE
YOUR TELEMARKETING EFFORTS. 2008 PROMISES TO BE
HYPERACTIVE WITH MORE ENFORCEMENT FROM STATE AND
FEDERAL REGULATORS. THE RECENT FIVE MILLION DOLLAR
FEDERAL SETTLEMENT WITH DIRECT TV MARKS THE LARGEST
PENALTY TO DATE FOR TELEMARKETING VIOLATIONS. THE
SIMPLE MESSAGE FROM REGULATORS TO
BUSINESS......."FOLLOW THE RULES OR PAY HUGE
FINES"!
REGULATORS WILL LOOSELY DEFINE TELEMARKETING AS A
TELEPHONE CALL TO A RESIDENTIAL TELEPHONE NUMBER.
TELEMARKETING IS AN INNOCENT REFERRAL CALL,
INQUIRY, SURVEY CALL, OR THE LEAD YOUR SALES REP
OBTAINED AT THE TRADE SHOW. THESE QUALIFY AS
TELEMARKETING CALLS. IF YOUR COMPANY USES THE
TELEPHONE TO CONDUCT BUSINESS YOU ARE BOUND BY
FEDERAL AND STATE TELEMARKETING LAWS. THE FINES ARE
STEEP AND THE ENFORCEMENT ACTIONS ARE INCREASINGLY
AGGRESSIVE. AS THE BUSINESS OWNER, PRESIDENT OR
CEO, IT IS YOUR SOLE RESPONSIBILITY TO ENSURE YOUR
BUSINESS IS COMPLIANT WITH ALL FEDERAL AND STATE
TELEMARKETING REGULATIONS.
WITHIN THE
<TELEPHONE
PROTECTION ACT OF 1993
(TCPA)>, IS YOUR
LEGAL REQUIREMENT TO ESTABLISH COMPLIANCE PROTOCOLS
AND PROCEDURES FOR DOCUMENTING DO NOT CALL
REQUESTS. YOU MUST ENSURE THESE NAMES ARE REMOVED
FROM ALL LISTS BEFORE MAKING AN UNSOLICITED
TELEPHONE CALL. ADDITIONALLY, YOUR BUSINESS MUST
HAVE A WRITTEN AND DETAILED (COMPLIANCE)
POLICY AVAILABLE UPON DEMAND TO ANY MEMBER OF THE
PUBLIC. FAILURE TO HONOR A SIMPLE REQUEST FOR YOUR
WRITTEN TCPA POLICY PROVIDES FERTILE GROUND FOR
EXPENSIVE LITIGATION. THE TCPA ALSO PROVIDES FOR A
"PROPER INTRODUCTION" WHEN TELEMARKETING. THE TCPA
APPLIES TO ANY BUSINESS MAKING ANY
TYPE OF UNSOLICITED CALL TO A CONSUMER!
THE <FTC
TELEPHONE SALES RULE
(TSR)> PROVIDES A
MYRIAD OF ADDITIONAL RULES AND GUIDELINES,
DEMANDING REGULATORY COMPLIANCE FROM ANY BUSINESS,
EVEN THE LOCAL BOWLING ALLEY! IGNORANCE OR LACK OF
KNOWLEDGE IS NOT AN EFFECTIVE DEFENSE. AN EMPLOYEE,
COMPANY REPRESENTATIVE, SUBCONTRACTOR OR OUTSOURCED
CALL CENTER IN VIOLATION OF THIS RULE WILL SUBJECT
YOU TO LIABILITY.
SEVERAL STATES STILL REQUIRE REGISTRATION AND
COMPLIANCE WITH THEIR STATE STATUTES. MANY STATES
CONTINUE TO REVISE AND UPGRADE THEIR ENFORCEMENT
AND LAW ENFORCEMENT ACTIONS. ATTORNEYS
GENERAL, THE FTC AND THE U. S. DEPARTMENT OF
JUSTICE HAVE JOINED IN TO MAKE TELEMARKETING A
HIGHLY TARGETED AND INCREASINGLY REGULATED
ACTIVITY. DIRECT TVs MULTIMILLION DOLLAR SETTLEMENT
FOR DNC VIOLATIONS HAS MADE MARKETING HISTORY.
ADDITIONAL FEDERAL LEGISLATION ENCUMBERS ANY
TELEMARKETING GROUP WITH MORE DUTIES AND
RESPONSIBILITIES, NO EXCEPTIONS! OVER ONE DOZEN
REGULATORY AGENCIES CAN STRIKE AT ANY TIME!
MISTAKES OR ENFORCEMENT ACTIONS WILL LIKELY COST
FIVE TO SIX FIGURES! THESE FINES AND PENALTIES
ARE NOT TAX DEDUCTIBLE, EXPERIENCED LEGAL
COUNSEL OR OUTSIDE TELEMARKETING COMPLIANCE
OFFICERS ARE NEAR NON EXISTENT. THAT'S WHY INDUSTRY
PUBLICATIONS REFER TO MITCH AS THE
TELEMARKETING REGULATORY AND COMPLIANCE
AUTHORITY.
ACCORDING TO MITCHELL....."MANY TELEMARKETING
GROUPS TAKE A WAIT-AND-SEE ATTITUDE LEAVING
COMPLIANCE UP TO FATE, ONLY REACTING AFTER THE
SUMMONS ARRIVES." IF YOU DO NOT ENFORCE AND
DOCUMENT STRICT COMPLIANCE OF ALL LAWS , THE
REGULATORS WILL ENFORCE WITH STIFF FINANCIAL AND
LEGAL CONSEQUENCE. MITCHELL AND HIS TEAM OF
REGULATORY AND COMPLIANCE PROFESSIONALS WILL
DEVELOP AND IMPLEMENT SAFE AND SURE REGULATORY
COMPLIANCE PROCEDURES TO KEEP YOUR COMPANY OFF THE
REGULATORS RADAR.
A PROACTIVE AND DILIGENT COMMITMENT TO
TELEMARKETING REGULATORY COMPLIANCE IS REQUIRED IF
YOU ANTICIPATE ANY LONGEVITY. KEEPING YOUR
ORGANIZATION OUT OF REGULATORY TROUBLE IS
MITCHELL'S GOAL. MITCHELL EAVES AND HIS TEAM OF
WALL STREET REGULATORY EXPERTS WILL DESIGN WRITTEN
COMPLIANCE PROCEDURES ALONG WITH EFFECTIVE
IMPLEMENTATION.SERVICES FOR COMMERCIAL
TELEMARKETING ..
MITCHELL EAVES PROVIDES COMPLIANCE SUPPORT SERVICES
TO TELEMARKETERS THROUGHOUT THE UNITED STATES. HE
ADVISES CLIENTS REGARDING COMPLIANCE WITH STATE AND
FEDERAL RULES PROVIDING EFFICIENT AND
COST-EFFECTIVE STATE REGISTRATION SERVICES.
MITCHELL WILL ASSIST CLIENTS IN MEETING ONGOING
REGULATORY COMPLIANCE REQUIREMENTS INCLUDING
CURFEWS, "DO NOT CALL" LISTS, SCRIPTING,
REGISTRATION AND SPECIFIC DISCLOSURE OR CONTRACT
REQUIREMENTS. SHOULD THE NEED ARISE, HE CAN PROVIDE
ATTORNEYS WHO WILL PROVIDE REPRESENTATION IN STATE
AND FEDERAL COURTS.
THE TELEMARKETING INDUSTRY IN RECENT YEARS HAS BEEN
HIT FROM ALL SIDES WITH BAD PRESS AND HOSTILE
LEGISLATION. A TINY FRACTION OF THE INDUSTRY -
THOSE WHO ABUSE THE LAW AND TAKE ADVANTAGE OF
CONSUMERS HAVE CAST AN UNFORTUNATE STIGMA ON
LEGITIMATE BUSINESSES. IN RESPONSE, LOCAL AND STATE
GOVERNMENTS, ALONG WITH FEDERAL AGENCIES, HAVE
INCREASED LEGAL REGULATION OF COMMERCIAL
TELEMARKETERS. FROM CURFEWS TO "DO NOT CALL" LISTS,
THE REGULATORY ENVIRONMENT IS EVER INCREASING. A
STATE WILL REGULATE ANY CALL RECEIVED BY ONE OF ITS
CITIZENS. BUSINESSES CONTEMPLATING A NATIONAL
CAMPAIGN MUST COMPLY WITH ALL 50 STATES' LAWS AS
WELL AS APPLICABLE FEDERAL LAWS AND REGULATIONS.
IT'S ESSENTIAL TO COMPLY WITH TELEMARKETING
LAW.
COMPLIANCE AND
REGISTRATION
STATE TELEMARKETING
REGISTRATION AND COMPLIANCE SERVICE IS AVAILABLE ON
A PER-STATE BASIS OR ON A MONTHLY RETAINER FOR
NATIONWIDE CLIENTS. WITH THIS SERVICE, WE WILL
ASSIST YOU IN COMPLETING ALL NECESSARY REGISTRATION
PAPERWORK AND OTHER RELATED FILINGS INCLUDING
DISCLOSURES AND CONTRACTS. WE MAINTAIN A DATABASE
OF UP-TO-DATE FORMS, REGULATIONS AND LAWS FOR ALL
50 STATES. WE USE SPECIALIZED COMPUTER SOFTWARE TO
INTEGRATE OUR DATABASE INTO ELECTRONIC FORMS,
MAKING FILING MORE EFFICIENT FOR ALL CLIENTS.
WE ALSO MAINTAIN INFORMATION REGARDING THE FEDERAL
TRADE COMMISSION AND FEDERAL COMMUNICATION
COMMISSION AND THEIR JURISDICTION OVER
TELEMARKETING. MITCHELL EAVES WILL HELP YOUR
ORGANIZATION COMPLY WITH NEW FTC RULES.
CALL MITCHELL FOR PROVEN ADVICE ON FEDERAL AND
STATE TELEMARKETING REGULATION, EXEMPTIONS, SURETY
BONDS, STATE REGISTRATIONS, WRITTEN COMPLIANCE
POLICY, SETTLEMENTS AND COMPLIANT SCRIPTING.
MITCHELL WILL INSTITUTE PROVEN SYSTEMS AND
PROTOCOLS THAT WILL SOFTEN ANY REGULATORS FINANCIAL
BLOW.
copyright©2009/mitchell eaves
82 wall street/suite 1105/ny, ny
10005/212.898.9000
brokerrus@earthlink.net
|
