Telemarketing

Telemarketing has become increasingly unpopular with consumers in recent years, as the practice has become more pervasive. New technologies have made it possible for computers to place the calls, dramatically increasing the calls received by many people. It is seen by some as an invasion of their privacy, an unwanted interference, an annoyance, and when the consumer is paying for phone services by the minute (e.g., mobile telephones) sellers are costing consumers money. In effect, the marketers are seen by many as using the consumer's property (telephone) for their own purposes. This has led to numerous legal and self-regulatory measures aimed at curtailing the practice or, at a minimum, putting more control over this practice in the hands of the individual consumers.

To this end, there are many telemarketing laws that have emerged at the end of the 20th Century. Several states now require marketers to obtain lists of people who prefer not to receive telemarketing calls, and make it illegal for marketers to call anyone whose name appears on the do-not-call lists. In many cases the state's Attorney General creates and maintains such a list, in some cases they must use other lists like the one maintained by the Direct Marketing Association, and in some instances it is up to the individual marketer to establish and maintain its own list. At least two states now are requiring telemarketers to register and obtain a bond before calling consumers in that state. And some states are starting to place limits or specific requirements on calls, like prohibiting the use of automatic calling devices or requiring clear disclosures be made at the beginning of a telemarketing call. Note that many or most of these rules also apply to Unsolicited Advertising Faxes. – file not found

For additional information, see the FTC Telemarketing Sales Rule and other FTC Telemarketing publications and guidelines.(not found) Also see the Direct Marketing Association's State Telephone Marketing Laws (not found) and the Telephone Consumer Protection Act. (not found)