New FTC Regulations: Telemarketing Sales Rule

Effective 3/31/03: The Federal Trade Commission has amended the Telemarketing Sales Rule (TSR) making provisions for a national do-not-call registry and regulations pertaining to call abandonment.

Specifically, the new TSR defines any abandoned call as an abusive telemarketing act or practice. However, the amendment also states that a seller or telemarketer will not be liable for violating that section (310.4(b)(4)(i)-(iii)) of the TSR if:

· the seller or telemarketer employs technology that ensures abandonment of no more than three percent of all calls answered by a person, measured per day per calling campaign;

· the seller or telemarketer, for each telemarketing call placed, allows the telephone to ring for at least fifteen seconds or four rings before disconnecting the unanswered call;

· whenever a sales representative is not available to speak with the person answering the call within two seconds after the person’s completed greeting, the seller or telemarketer promptly plays a recorded message that states the name and telephone number of the seller on whose behalf the call was placed;

· the seller or telemarketer, in accordance with section 310.5(b)-(d) (Record keeping requirements) retains records establishing compliance with 310.4(b)(4)(i)-(iii).

Calltrol Helps You Comply: Calltrol’s Object Telephony Server has all the capabilities required right now to comply with all FTC regulations governing outbound telemarketing. Our product is constantly improving. Watch for new versions of OTS™ featuring updates that will require even less manual intervention to stay in compliance with these new laws.

To learn more about Calltrol’s telephony platform products and how they can help you comply with the new FTC rules please contact our offices at 914-747-8500 .

This information is not intended to serve as legal advice or as a substitute for legal counsel.