Dialing Legality and Rules Best answer on the web
The types of dialing are:
Computer automated dialing that plays a Survey message to the receiver.
Computer automated dialing that plays a Sales message to the receiver.
The receiver may be a person or answering machine. Requirements may include a special tax or subscription to a do-not-call list.
This is a very interesting question and luckily, there is quite a lot of information on the subject. I will focus on the laws and regulations governing the actual technology, rather than general telemarketing and sales.
======
The first Google search that I performed gave me some good results [ ://www.google.com/search?q=computer+automated+dialing+legal ], with several companies who deal with automated computer dialing software listed. The first result, Total Call Management Systems, had lots of valuable answers to questions like the following: "What is exactly Auto Dialer / Automated dialing?
Auto Dialers are telephony devices having auto dialing or speed dialing capabilities. These are devices, which are capable of dialing a large number of people automatically through a database or are capable of randomly or sequentially dialing telephone numbers to deliver a unified message or messages. The term Auto Dialer is applicable to a wide range of products available in the market, such as auto dialer telephony computer, predictive dialer, voice-mail system and speed-dial system. Auto dialers are designed to make outbound calls. They utilize controlled voice activation to record answers to questions. This provides the prospect with a normal conversational environment or interactive environment whereby one can speak in a normal fashion without bothering about pressing buttons on the keypad. Auto dialers are meant to be creating qualified sales lead generation and finding pre-qualified prospects for your business."
This company also suggest that you consult an Attorney to determine the legality of automated dialing in each state.
Pre-recorded calls
===================
Unfortunately, making unsolicited (cold) calls using this technology to a residential number is strictly prohibited in all states across the US.
The law is as follows:
"Autodialers are usually used to place artificial (computerized) or prerecorded voice calls. Except for emergency calls or calls made with the prior expressed consent of the person being called, autodialers and any artificial or prerecorded voice messages may not be used to contact numbers assigned to:
* any emergency telephone line;
* the telephone line of any guest or patient room at a hospital, health care facility, home for the elderly, or similar establishment; * a paging service, cellular telephone service, or other radio common carrier service, if the person being called would be charged for the call; or * any other service for which the person being called would be charged for the call.
Calls using artificial or prerecorded voice messages - including those that do not use autodialers – may not be made to residential telephone numbers except in the following cases:
* emergency calls needed to ensure the consumer’s health and safety; * calls for which you have given prior consent;
* non-commercial calls;
* calls which don’t include any unsolicited advertisements;
* calls by, or on behalf of, tax-exempt non-profit organizations; or * calls from entities with which you have an established business relationship.
Calls using autodialers or artificial or prerecorded voice messages may be placed to businesses, although the FCC’s rules prohibit the use of autodialers in a way that ties up two or more lines of a multi-line business at the same time.
If an autodialer is used to deliver an artificial or prerecorded voice message, that message must state, at the beginning, the identity of the business, individual, or other entity initiating the call. During or after the message, the caller must give the telephone number (other than that of the autodialer or prerecorded message player that placed the call) or address of the business, other entity, or individual that made the call. It may not be a 900 number or any other number for which charges exceed local or long distance transmission charges.
Autodialers that deliver a recorded message must release the called party’s telephone line within 5 seconds of the time that the calling system receives notification that the called party’s line has hung up. In certain areas there might be a delay before you can get a dial tone again. Your local telephone company can tell you if there is a delay in your area."
Quote from: http://www.fcc.gov/cgb/consumerfacts/tcpa.html
So in a nutshell, if you are using the artificial voice or pre-recorded technology to place unsolicited sales calls (cold calling) to residential telephone numbers, you will be breaking the law.
The main exceptions are if you are placing a call to a business or if you are not making selling anything. Then, you can place calls of this nature but you will still have certain rules applied, I will explain the main one related to this technology below.
Predictive Dialing
====================
There is also a related technology known as "Predictive Dialing" which simultaneously calls many numbers at once and only connects the calls which are answered within a certain time limit, usually a matter of seconds, to the system or sales agents. However, many consumers do not like this practice as seen on an advisory by the Federal Communications Commission: http://www.fcc.gov/cgb/consumerfacts/PredictiveAlert.html The above document also has a handy list of states that have implemented, or are in the process of implementing, "do-not-call" lists which I will refer back to in a moment, first we have to acquire a list of the most populated states.
======
Using the Census information available online, I compiled a short list of the top 5 most populated states in the year 2000 (the most recent data) which are:
State Population
========================
California 33,800,000
Texas 21,000,000
New York 19,000,000
Florida 15,900,000
Illinois 12,400,000
Data taken from: http://factfinder.census.gov/bf/_lang=en_vt_name=DEC_2000_SF1_U_GCTPH1_US9_geo_id=01000US.html
I will present the information by state with the relevant links, the individual laws contain far too much information to copy into this so I will give you the locations of the documents.
California
===========
Acceptable error rates for Predictive Dialing
http://www.cpuc.ca.gov/published/Agenda_decision/16792-05.htm#P149_35903
Setting standards for predictive dialer calls
http://www.cpuc.ca.gov/published/comment_decision/23478-06.htm
Full code
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=bpc&group=17001-18000&file=17511-17513
Texas
======
Automatic Dial Announcing Devices (ADADs)
http://www.puc.state.tx.us/rules/subrules/telecom/26.125/26.125.doc
Telephone Solicitation
http://www.puc.state.tx.us/rules/subrules/telecom/26.126/26.126.doc
Main Telecommuncations Index
http://www.puc.state.tx.us/rules/subrules/telecom/
New York
=========
Freqently asked questions of the Attorney General - Telemarketing
http://www.oag.state.ny.us/faqs/faq.html#30
Telemarketing and Consumer Fraud and Abuse Prevention Act
http://www.dos.state.ny.us/lcns/pdfs/telemarklaw.pdf
"Rules That Apply to Computerized Calls
Artificial (computerized) or prerecorded voice calls cannot be placed to your home, except for the following: • Emergency calls.
• When you have given prior consent to such calls.
• Non-commercial calls (for example, calls from charities, polling organizations, political or government agencies). • Calls by or on behalf of tax-exempt nonprofit organizations.
• Calls which don’t have unsolicited advertisements.
• Calls from companies with which you have an established business relationship." http://www.consumer.state.ny.us/clahm/Clahm-Telemarketing.htm
note that this is exactly the same as the Federal Communications Commission's law as mentioned near the top.
Florida
========
The Florida law documents do not specifically refer to Predictive Dialing, although the usual Telemarketing rules will still apply. The full law is here: http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0501/part04.htm&StatuteYear=2001&Title=%2D%3E2001%2D%3EChapter%20501%2D%3EPart%20IV
Illinois
=========
"Sec. 30. Violations.
(b) It is shall be a violation of this Act Section to
play a prerecorded message placed by an autodialer without
the consent of the called party."
http://www.legis.state.il.us/legislation/legisnet91/hbgroups/hb/910hb0157eng.html
"Do-not-call" Register
=====================
The Telephone Preference Service also applies to most states of the US. The 5 states which we have been looking at have the following status:
California - Effective from October 2003
http://www.caag.state.ca.us/donotcall/index.htm
Texas - Effective
http://www.texasnocall.com
New York - Effective
https://www.nynocall.com/index.html
Florida - Effective
http://www.800helpfla.com
Illinois - Effective from July 2003
http://www.icc.state.il.us/rcr/home.aspx
The full list of states can be found here:
http://www.the-dma.org/government/donotcalllists.shtml
The organization which are in control of this is the Direct Marketing Association http://www.dmaconsumers.org
Telephone Preference Service - FAQ
http://www.dmaconsumers.org/offtelephonelist.html
Related links
==============
Consumer Protection - Telemarketing
http://www.ftc.gov/bcp/menu-tmark.htm
Consumer Law Page
http://consumerlawpage.com
Telemarketing Laws
http://telemarketinglaws.com
Related Google searches
========================
"tps states"
://www.google.co.uk/search?q=tps+states
"computer automated dialing legal"
://www.google.co.uk/search?q=computer+automated+dialing+legal
"us telecommunications regulator"
://www.google.co.uk/search?q=us+telecommunications+regulator
"population density by state"
://www.google.co.uk/search?q=population+density+by+state
"telephone dialers"
://www.google.co.uk/search?q=telephone+dialers+act
I hope this provides all the information that you need, I've certainly learned a lot about the US telecom laws this morning! Kind regards,
errol-ga.
Posted under egoldlife.com
edit |