The Direct Marketing Association, concerned that some telemarketers are trying to bypass the National Do-Not-Call Registry, has put out an advisory reminding members of the law.
“It has been brought to our attention that some fringe telemarketers are flat-out breaking or trying to get around the new law,’ said Patricia Faley Kachura, vice president, ethics & consumer affairs for the DMA, in a statement. “Both cases are unacceptable to us, and the alert we have issued today is part of our objective to straighten these folks out.”
The DMA’s CEO, H. Robert Wientzen said in a statement that “compliance with the do-not-call list has been exceptional so far.”
The following points are excerpted from the DMA advisory:
1. Handling Do-Not Call Requests Promptly: If consumers ask to be put on your in-house do-not-call list, honoring their requests not only is the right thing to do—it is also required by law. It’s important to do so promptly and courteously, and never try to ‘talk them out of it’ or allow your representatives to hang up on consumers.
2. Proper use of an established Business Relationship: Consumers decide whether they choose to have a relationship with your business. If a consumer doesn’t perceive a relationship with you, the established business relationship simply doesn’t exist.
3. Use of Recorded Messages: Sending recorded messages to customers sometimes make sense, but sending recorded marketing messages to prospects is just plain illegal.
4. Targeted calling: Calling fewer and better-targeted prospects should both cut down on expenses and also increase response rates. Marketers should not use randomly or sequentially generated numbers in sales or marketing solicitations.
5. Importance of Hiring and Training Sales Representatives: Telephone representatives who do not speak clearly or are not well understood by call recipients need retraining and closer supervision. If response rates are decreasing and requests to be placed on your in-house do-not-call list are increasing, this could be an indication of poorly trained sales representatives.
6. Clearly Written Scripts: Are you using scripts or call guides that convey your offer clearly? A quick bump in sales today based on consumer confusion or misunderstanding is not worth the long-term cost of increased consumer dissatisfaction, complaints, and the loss of trust that follows.
7. Selling/Upselling Sensitively: Does your scripting and training make clear the point at which your sales representatives should discontinue upselling? Or does it subject the call recipient to an experience that is detrimental to your long-term relationship with them.
8. Calling Frequency: As of Jan. 29. 2004, marketers are legally required to identify themselves by transmitting Caller ID information to consumers every time they call.
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