NOTE: Some of the information in this blog has become outdated. For comments regarding the latest laws and regulations on sending pre-recorded messages by phone or predictive dialers, you are advised to also review this blog:
First, unless you have an existing business relationship (EBR) with someone, it is against the law to voice broadcast a message to someone who has their number on the national Do Not Call list. Many states have their own Do Not Call lists as well. Second, the only exceptions are for non-profit organizations or political candidates. So, if you are private telemarketer, you are advised to study the rules carefully, or hire an attorney who can help you. There are phone lists you can purchase that are "scrubbed" against the Do Not Call list that would enable you to call people who don't mind being solicited. However, if you are misled and the list was not scrubbed against the Do Not Call list, as advertised or promised by the list broker, you can still be fined. One company was fined over a million dollars. These are treacherous waters and you have to VERY careful. Here is a good run down on what the law says: http://www.dnclistmanager.com/do_not_call_laws.html
Nearly all of our OrangePoint business involves serving customers who send messages to those whom they have a prior business relationship with, so our customers are safe from any penalties. Nonetheless, it's important that you follow the letter of the law, and that's exactly what we ask our customers to do. Meanwhile, there are several companies that specialize in "call compliance" -- services that insure that you don't get yourself in trouble. Here is the link to a popular call compliance company that claims none of their customers have ever been fined. It would be worth it to check them out: http://www.callcompliance.com
Nearly all of our OrangePoint business involves serving customers who send messages to those whom they have a prior business relationship with, so our customers are safe from any penalties. Nonetheless, it's important that you follow the letter of the law, and that's exactly what we ask our customers to do. Meanwhile, there are several companies that specialize in "call compliance" -- services that insure that you don't get yourself in trouble. Here is the link to a popular call compliance company that claims none of their customers have ever been fined. It would be worth it to check them out: http://www.callcompliance.com
You should also review the new Federal Trade Commission guidelines here: http://www.consumeraffairs.com/news04/2008/08/telemarketing_rules.html
Many of the issues involved with "predictive dialing" (automated calls where the person who answers the phone is immediately directed to a live agent) can be solved by using our Online Phone Dialer service. You'll see that link at the top of the page.