The Federal Trade Commission ("FTC") announced that the Do Not Call annual registration fee will increase effective October 1, 2014.  Each area code of data will increase from $59 to $60.  The maximum amount charged to any entity for accessing area codes of data is increased from $16,228 to $16,482.  

 

     Dealers who wish to have access to only five or fewer registered area codes from the Do Not Call registry are exempt from the fee requirement but must still register with the FTC. 

 DO NOT CALL RULES

      As a reminder, federal law requires businesses who solicit business by phone to register with the national Do-Not-Call Registry and to check the registry at least once every 31 days.  Specifically, the Telemarketing Sales Rule (TSR) prohibits sellers and telemarketers from calling a person whose name is on the national Do-Not-Call Registry or from calling a non-registered person after he or she has instructed the solicitor not to call back.  In either case the Federal Trade Commission and the Federal Communication Commission are authorized to impose a civil penalty of up to $16,000 per violation.

 

     In order to avoid potential fines follow these simple rules: 

1. Register the dealership and create a business profile on the Do-Not-Call Registry website:  www.telemarketing.donotcall.gov.
2.  Download the Do-Not-Call Registry.  Businesses can download up to five area code lists for free.  Alternatively, you can use the website to look up phone numbers individually and avoid frequent downloads.
3. Refresh or reprint a new list every 31 days.
4. Advise all employees about the Do-Not-Call rules.  Enact a dealership policy requiring all employees is required to follow the Do-Not-Call rules.

Exceptions:

 

     Limited exemptions apply when a consumer's name appears on the Registry.  Businesses may call a consumer whose name appears on the Registry if: 

1. There is an established business relationship (i.e. if a customer has purchased, leased, rented, or serviced a vehicle from the dealership within 18 months prior to the solicitation; or if the customer has inquired about a product or service within 3 months prior to the solicitation), or
2. There is prior express written authorization. 

ROBO CALL RULES

 

     The Do Not Call rules do not cover auto-dialed or prerecorded telemarketing calls ("Robo Calls").  The Federal Communication Commission ("FCC") imposes its own requirements on how a business can obtain consent before it may make a prerecorded telemarketing call or text message to a consumer's residential or mobile phone number. The FCC requires that telemarketers first obtain written consent to receive such calls or messages, on paper or through electronic means, including website forms, a telephone keypress, or a recording of you're the consumer's consent.

 

     Telemarketers cannot make telemarketing Robo Calls based solely on an "established business relationship" as can be done with live telemarketing calls.  Therefore, even if you have an established business relationship with a customer you must obtain written consent from that customer in order to legally make Robo Calls.

    

     The FCC also requires telemarketers to allow consumers to opt out of receiving additional telemarketing Robo Calls immediately during a prerecorded telemarketing call through an automated menu.  The opt-out mechanism must be announced at the outset of the message and must be available throughout the duration of the call.

 

     For more information on the Do Not Call or Robo Call requirements please contact Stevan LaBonte at 516-280-8580.