Monday 26 May 2008

Legal Vs Illegal Telemarketing Practices

Telemarketing is a legal business, but many telemarketing firms make illegal calls and are able to get away with it simply because the average telephone consumer does not know their phone privacy rights. What you need to understand is that there are rules telemarketers must abide by. However, you also must understand that though you may find all telemarketing calls annoying, the fact remains that many of the calls you receive are within the rights of the telemarketing firm.

The Telephone Consumer Protection Act (TCPA) was created in the early 1990's to provide telemarketing companies with legal guidelines that were created to protect a telephone consumer's right to privacy. The following is a basic outline of legal and illegal telemarketing practices:

It is legal...

- For a telemarketing company to call between the hours of 8 am and 9 pm.

- For a company with whom you have an established business relationship to call you. This is a company with whom you have made a purchase.

- For the affiliates of the company you have a business relationship with to call you as long as the affiliate is in some way associated with the product or service you purchased.

- For telemarketers to call your cellular phone if you have given them permission to do so.

- For telemarketers to send you unsolicited faxes if they have been given your express permission

It is illegal

- For a telemarketer to call you before 8 am and after 9 pm

- For a telemarketer to not have an internal do not call list.

- For a telemarketer to not remove your number from their call list when you request it.

- For a telemarketer to call you once you have made the request to no longer be contacted by them.

- For a telemarketer not to have a clear and defined policy, and to not make this policy available to a consumer upon request.

- For a company with whom you have an established business relationship to call you after you have made the request to be added to their do not call list.

- For telemarketers who use autodialing devices to call cell phones

- For telemarketers to send unsolicited faxes without permission

- For telemarketers to use automated messages

- For a telemarketer to not provide their name and the name of the company they work for when asked.

As you can see, telemarketing companies must abide by strict rules or else face the penalty of the law. Therefore, know your rights and stop telemarketing calls by making complaints.

Dwayne is an old consumer advocate who has way to much time on his hands (the wife says) so rants to his audience on Ezine Articles.

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