U.S. & National Compliancy Reference

 

The following websites are helpful guides to what responsibilities you have as a user of a telecommuncations platform like Go4Clients. If you have any questions, feel free to contact us at info@go4clients.com.

 

 

dnc-ccc dnc-solution dnc-compliance

 

Before you use Go4Clients

Most Go4Clients users are not required to access the National Do Not Call Registry, and thus may access the platform as an Exempt Organization, if one or more of the following is true:

 

  1. Your organization is not subject to either the FTC’s or the FCC’s jurisdiction. For example, a non-profit charitable organization may be an Exempt Organization, assuming, of course, that it is truly a non-profit. Entities that have been granted tax exempt status under the Internal Revenue Code are not necessarily Exempt Organizations for purposes of the National Do Not Call Registry. See, e.g., FTC v. National Consumer Council, Inc., and FTC v. Debt Management Foundation Services, Inc.There, the FTC successfully challenged the status of a purported nonprofit organization whose role in fact was simply to generate leads for other firms which then charged consumers thousands of dollars in fees for their services.
  2. Your organization does not engage in any “telemarketing” or “telephone solicitation” activities, as defined by the FTC and FCC, respectively. For example, survey calls and political polling calls are not covered by the definition of “telemarketing” or “telephone solicitations.” An organization that places ONLY these types of calls may be an Exempt Organization.
  3. Your organization qualifies for one or more of the specific exemptions contained in the FTC’s and FCC’s rules, such as:
    1. You only call to solicit charitable contributions; or
    2. You only call consumers with whom you have an established business relationship; or
    3. You only call consumers from whom you have received written permission to call; or
    4. You only make business-to-business calls.
    5. If you are a for-profit telemarketer, you are NOT an Exempt Organization.

Whether your organization is exempt is a decision that requires an understanding of the FTC’s and FCC’s requirements, as well as your specific business practices. Therefore, whether you should subscribe as an Exempt Organization is a decision you must make. In making this decision, you may wish to consult with an attorney.

You may wish to consider the following materials when deciding whether to subscribe to the National Do Not Call Registry as an Exempt Organization:

 

  • The FTC Act at 15 U.S.C. §§ 41-58 and related case law.
  • The Communications Act at 47 U.S.C. §§ 151-757 and related case law.
  • The Telephone Consumer Protection Act (TCPA) at 47 USC §227 and related case law.
  • The Telemarketing and Consumer Fraud Abuse Prevention Act at 15 U.S.C. §§ 6101-6108.
  • The Do Not Call Implementation Act at P.L.108-10, 117 Stat. 557, and related case law.
  • The Telemarketing Sales Rule at 16 C.F.R. § 310 and related Agency statements and case law.
  • The FCC’s rules implementing the TCPA at 47 C.F.R. § 64.1200 and related Agency statements.

 

Responsible Use

  • Customer agrees to familiarize themselves with any additional International, Federal, State, or local laws governing your dialing.
  • Customer agrees to place *ANY* individual requesting DNC status, on Customer’s accounts DNC list, immediately.
  • Customer agrees to provide legal contact information in any outbound campaign within the initial greeting message.
  • Customer agrees to provide own sound files for all outbound campaigns.
  • Customer agrees to provides all data and with this ability agrees to responsibly dial each campaign with courtesy to the recipients for which it is meant.
  • Customer agrees to schedule campaigns responsibly.
  • Customer agrees not to send any calls to life-line services, such as hospitals, fire, police, 911, or utility related telephone numbers.
  • Customer agrees to not send any sales outbound broadcasts to recipients that have not consented to receiving such a broadcast.
  • Customer agrees to use DNC / opt-out features.
  • Customer agrees to consult with an attorney before dialing any data for which customer is unfamiliar, or if legalities of dialing remain unclear to Customer