How many of you remember the days when you received numerous unsolicited faxes and telemarketing calls? I will bet that you are still receiving them.
The web site lists the following information for businesses that use phone solicitation:
“A company that is a seller or telemarketer could be liable for placing any telemarketing calls (even to numbers NOT on the registry) unless the seller has accessed the registry and paid any required fees. Violators may be subject to fines of up to $16,000 per violation. Each call may be considered a separate violation.”
In the interest of fairness, they have also included the following:
The TSR has a “safe harbor” for inadvertent mistakes. If a seller or telemarketer can show that, as part of its routine business practice, it meets all the requirements of the safe harbor, it will not be subject to civil penalties or sanctions for mistakenly calling a consumer who has asked for no more calls, or for calling a person on the registry. To meet the safe harbor requirements, the seller or telemarketer must demonstrate that:
- it has written procedures to comply with the do not call requirements
- it trains its personnel in those procedures
- it monitors and enforces compliance with these procedures
- it maintains a company-specific list of telephone numbers that it may not call
- it accesses the national registry no more than 31 days (starting January 1, 2005) before calling any consumer, and maintains records documenting this process
- any call made in violation of the do not call rules was the result of an error.
I am certain that this loophole is been used by the companies, or that the FTC is simply so inundated by complaints that it has given up trying to enforce the law. ABC