Voice and Phone Broadcasting For Network Marketing Leads, Beware of the New Law
By Lee Simonson
If you are a network marketer and plan on using voice and phone broadcasting to send out recorded messages to recruit interested prospects, be careful!
According to new Federal Trade Commission regulations, unless you have written permission to call someone, you cannot use voice and phone broadcasting to generate leads in network marketing. If you do, you could be subject to a hefty fine and penalties.
I am not a lawyer, and do not offer legal advice. My only intent is to keep you out of trouble and refer you to the proper sources so you can read the new rules yourself which are quite clear and took effect on September 1, 2009. Here is the exact wording from the FTC website:
FTC Issues Final Telemarketing Sales Rule Amendments Regarding Prerecorded Calls:
Specifically, the TSR (telemarketing sales rule) amendments adopted by the Commission and announced today (August 19, 2008): Expressly prohibit telemarketing sales (sales of goods or services) calls that deliver prerecorded messages, whether answered in person by a consumer or by an answering machine or voicemail service, unless the seller has previously obtained the recipient's signed, written agreement to receive such calls.
This ruling is over and above the Do Not Call List which was a joint project of the FTC and the FCC (Federal Communications Commission.) In other words, you still need written permission to make a telemarketing call, even if someone is NOT on the Do Not Call list or even if you have an existing business relationship. Again, this regulation covers the delivery of pre-recorded messages via voice or phone broadcasting. Some people refer to this as robo calls.
Before you go to the expense of planning a campaign, you are well advised to consult a knowledgeable attorney who is familiar with communications law. Chances are, your lawyer will tell you that you cannot use phone broadcasting technology to generate leads or sell any products or services without first obtaining written permission from the consumer.
This will probably have little effect on professional phone broadcasting service bureaus who perform the bulk of their business delivering "informational" messages such as school closings, airline reservation scheduling, emergency calls, or special notifications that customers sign up to receive -- all of which, are legal.
Doing some homework could save you a lot of aggravation and keep you out of trouble.
For more information on sending legal informational messages via voice or phone broadcasting, go to this website: http://www.orangepoint.net/phone_broadcasting.html
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