About Talkdesk Talkdesk is easy-to-use, cloud-based call center software that helps growing businesses provide excellent customer service with phone support. Talkdesk makes it possible to have real time, personalized conversations with customers, without hardware, coding or downloads - all that is needed is a computer and an Internet connection. With Talkdesk, companies can have a call center up-and-running in minutes and have access to robust call center functionality including IVR, skills-based routing, call conferencing, comprehensive reporting, all in an intuitive web-based interface. Integrations with top business tools and CRM systems, such as Salesforce, Desk.com and Zendesk, make customer data easily accessible, so agents never have to wade through endless systems to provide superior service. For more information, visit www.talkdesk.com. TRY TALKDESK FOR FREE // 2
// Everything you need to know about do not call lists // table of contents // INTRODUCTION // 04 01 // Overview of the National Do Not Call Registry // 05 02 // Information for Consumers // 07 03 // Information for Businesses // 08 04 // Rules and Regulations // 11 05 // Solutions // 13 06 // Tips // 14 // 3
// INTRODUCTION // It is absolutely critical that any company making outbound calls comply with the National Do Not Call Registry. Failing to do so can result in heavy fines, legal action and the termination of use of the phone number. Below is basic information about the National Do Not Call Registry. // 4
01 // OVERVIEW OF THE NATIONAL DO NOT CALL REGISTRY The Federal Communications Commission (FCC) and the Federal Trade Commission (FTC) both enforce rules that require companies to comply with do not call lists The National Do Not Call Registry is a database managed by the FTC The FTC started registering phone numbers in June, 2003 and by 2007, over 72% of Americans have registered a phone number on the DNC list Consumer s phone numbers on the National Do Not Call Registry are organized by area code // 5
Each company that accesses the National Do Not Call Registry must pay an annual fee (ranging from $54 - $14,850) if they access 5 or more area codes The area codes in the National Do Not Call Registry cover the 50 states, the District of Columbia, Puerto Rico, U.S. Virgin Islands, Guam, North Mariana Islands, American Samoa, and toll-free numbers (500, 800, 866, 877, 880, 881, 882, and 888) // 6
02 // INFORMATION FOR CONSUMERS The FTC allows consumers the option of whether or not they would like to receive telemarketing or sales calls If consumers would not like to be called by telemarketers or sales reps, they simply register their phone number (landline or mobile) on the National Do Not Call Registry and it will remain on the registry forever (or until they remove it) A consumer who receives a telemarketing or sales call despite being on the National Do Not Call Registry for more than 31 days can file a complaint with the FTC If the consumer asks to be put on a company s do not call list, that company may not call them (regardless if their number is registered to the National Do Not Call Registry or not) // 7
03 // INFORMATION FOR BUSINESSES It is illegal for telemarketers or sellers to call a number listed on the National Do Not Call Registry Violators of the National Do Not Call Registry could be fined up to $16,000 per incident by the National Registry and up to $25,000 by the State Violators could be investigated by any or all of the following: FTC FCC States Attorney General Consumers // 8
Telemarketers and sellers must register their organization in order to access the do not call list Telemarketers and sellers must comply with the requirements of the National Registry The government requires that telemarketers and sellers search the do not call registry at least once every 31 days and remove any calls from their lists accordingly The National Do Not Call Registry applies to: Any plan, program or campaign to sell goods or services Telemarketers who solicit consumers Sellers who provide, offer to provide or arrange to provide goods or services to consumers in exchange for payment The National Do Not Call Registry does not apply to: Political organizations Charities Telephone surveyors Business to business calls // 9
Telemarketers or sellers may contact consumers on the National Do Not Call Registry if: They have an established business relationship with the customer. They may call that customer for up to 18 months after the customer s last purchase, delivery or payment (note: If the consumer asks a company not to call, the company may not call, even if there is an established business relationship) The consumer has made an inquiry or submits an application to the company. They may contact the consumer for up to 3 months after they made the inquiry. The consumer has given a company written permission to contact them The company is responsible for Do Not Call compliance, even if they hire a subcontractor or third party to handle their telemarketing Both the telemarketer who makes the phone calls and the seller whose product is promoted are legally responsible for any violations of the National Do Not Call Registry // 10
04 // RULES AND REGULATIONS Telemarketers and sellers are not permitted to block their Caller IDs as this information will allow consumers to identify them When phone calls are answered by the consumer (rather than an answering machine), sellers and telemarketers are required be on the line within 2 seconds of them answering. Thus, companies that use power dialers or predictive dialers must transfer a live call to an agent within two seconds of the call being answered Telemarketers and sellers must ensure that predictive dialers abandon no more than 3% of all calls. An abandoned call is considered any call that is not transferred to an agent within 2 seconds of the consumer answering Calls to residential numbers are forbidden before 8am and after 9pm local time // 11
Telemarketers and sellers must identify themselves, the company they represent and give a contact address or phone number to the consumer Consumers can ask that a specific company never call them again, and the company must comply, even if the consumer s phone number is not on the National Do Not Call Registry FTC regulations prohibit calling any wireless phone number with an autodialer unless the consumer gives written permission The FTC prohibits using predictive dialers for automated messaging // 12
05 // SOLUTIONS Many call center software solutions allow you to import your Do Not Call List as well as your outbound campaign lists. The software will automatically scrub (a.k.a remove) any calls from your campaign list that are on the National Do Not Call Registry before your campaign list is added to the autodialer Many companies will also check numbers against U.S. Federal, State and Direct Marketing Association Do Not Call databases You can also allow customers to add their name to your company do not call list via your IVR // 13
06 // TIPS 1. UNDERSTAND RULES AND REGULATIONS Fully review and understand all federal and state regulations that apply to your company. This may require retaining a corporate attorney to interpret the laws and ensure that your company is fully compliant. 2. INVEST IN COMPLIANCE MEASURES Becoming compliant may be a costly endeavor, but it may be more detrimental to your business if you are not complaint. // 14
3. WRITE OUT COMPLIANCE GUIDELINES Companies must formally write up policies and procedures that ensure compliance. They must also train agents and continually ensure that all employee practices are compliant. 4. MAKE COMPLIANCE PART OF YOUR COMPANY CULTURE Building compliance into your culture is crucial. Leaders must demonstrate the importance of maintaining compliance, managers must work hard to assess for compliance and agents must do all that they can to ensure that they are compliant when calling customers. // 15
5. CONTINUALLY ASSESS FOR COMPLIANCE Companies must continually ensure compliance, audit their business practices and update their call center software accordingly. 6. STAY ON TOP OF NEW TECHNOLOGY, RULES AND REGULATIONS The regulatory environment and technology are rapidly changing. Be proactive about maintaining regulatory compliance. // 16
About Talkdesk Talkdesk is easy-to-use, cloud-based call center software that helps growing businesses provide excellent customer service with phone support. Talkdesk makes it possible to have real time, personalized conversations with customers, without hardware, coding or downloads - all that is needed is a computer and an Internet connection. With Talkdesk, companies can have a call center up-and-running in minutes and have access to robust call center functionality including IVR, skills-based routing, call conferencing, comprehensive reporting, all in an intuitive web-based interface. Integrations with top business tools and CRM systems, such as Salesforce, Desk.com and Zendesk, make customer data easily accessible, so agents never have to wade through endless systems to provide superior service. For more information, visit www.talkdesk.com. TRY TALKDESK FOR FREE // 17