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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. 2009 PROMISES TO BE
HYPERACTIVE WITH MORE ENFORCEMENT FROM FEDERAL AND
STATE TELEMARKETING REGULATORS. THE RECENT FIVE
MILLION DOLLAR FEDERAL SETTLEMENT WITH DIRECT TV
MARKS THE LARGEST PENALTY TO DATE FOR TELEMARKETING
VIOLATIONS. THE SIMPLE MESSAGE FROM FEDERAL AND
STATE TELEMARKETING REGULATORS TO
BUSINESS......."FOLLOW THE RULES OR PAY HUGE
FINES"!
TELEMARKETING 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. ALL OF
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 A WRITTEN POLICY TO
INCLUDE COMPLIANCE PROTOCOLS AND PROCEDURES FOR
DOCUMENTING DO NOT CALL REQUESTS AND MAINTANING
YOUR DNC LIST, SCRUB PROCEDURES AND EMPLOYEE
TRAINING ON THE TCPA PROVISIONS. YOU MUST ENSURE
THESE (DNC) NAMES ARE REMOVED FROM ALL LISTS BEFORE
MAKING AN UNSOLICITED TELEPHONE CALL. YOUR BUSINESS
MUST HAVE A WRITTEN AND DETAILED COMPLIANCE
POLICY AVAILABLE UPON DEMAND TO ANY MEMBER OF THE
PUBLIC UPON REQUEST. FAILURE TO HONOR A SIMPLE
REQUEST FOR YOUR WRITTEN TCPA POLICY PROVIDES
FERTILE GROUND FOR EXPENSIVE LITIGATION. THE
TELEPHONE CONSUMER PROTECTION ACT 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
ADDITIONAL RULES AND GUIDELINES, DEMANDING
TELEMARKETING 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.
MANY STATES STILL REQUIRE STATE SPECIFIC
TELEMARKETING REGISTRATION AND COMPLIANCE WITH
THEIR STATE STATUTES. 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 TELEMARKETING 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 ANY TYPE OF
TELEMARKETING ORGANIZATION.
MITCHELL EAVES PROVIDES COMPLIANCE SUPPORT SERVICES
TO TELEMARKETERS THROUGHOUT THE UNITED STATES. HE
ADVISES CLIENTS REGARDING COMPLIANCE WITH STATE AND
FEDERAL TELEMARKETING RULES PROVIDING EFFICIENT AND
COST-EFFECTIVE STATE SPECIFIC TELEMARKETING
REGISTRATION SERVICES AND HELP WITH SURETY BOND
REQUIREMENTS. 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 ALL TELEMARKETING
LAW.
COMPLIANCE AND
REGISTRATION SERVICES
STATE TELEMARKETING
REGISTRATION AND COMPLIANCE SERVICE IS AVAILABLE ON
A PER-STATE BASIS OR ON A MONTHLY RETAINER FOR
NATIONWIDE CLIENTS. WITH THIS SERVICE, HE WILL
ASSIST YOU IN COMPLETING ALL NECESSARY REGISTRATION
PAPERWORK AND OTHER RELATED FILINGS INCLUDING
DISCLOSURES AND CONTRACTS. MITCHELL 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 ALL TELEMARKETING
RULES
CALL MITCHELL FOR PROVEN ADVICE ON FEDERAL AND
STATE TELEMARKETING REGULATION, EXEMPTIONS,
TELEMARKETING SURETY BONDS, STATE/FEDERAL
TELEMARKETING REGISTRATIONS, WRITTEN TCPA
COMPLIANCE POLICY, SETTLEMENTS AND COMPLIANT
SCRIPTING. MITCHELL EAVES WILL QUICKLY INSTITUTE
PROVEN SYSTEMS AND PROTOCOLS THAT WILL SOFTEN ANY
REGULATORS FINANCIAL BLOW.
copyright©2010/mitchell eaves
82 wall street/suite 1105/ny, ny
10005/212.898.9000
brokerrus@earthlink.net
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