Automated Dialing Rules: http://www.ftc.gov/opa/2009/08/robocalls.shtm
FCC Dialing Rules: http://www.natlawreview.com/article/fcc-adopts-rules-requiring-written-consent-telemarketing-robocalls
New Telephone Consumer Protection Act (TCPA) Changes: http://www.loeb.com/preparedtcpachangejanuary142013
New FCC Rules effective 10-16-13: http://newfccrules.com/
New TCPA Rules: http://www.kleinmoynihan.com/publication/new-tcpa-rules-effective-october-16-2013/
Dropped Call Case: http://www.dailyfinance.com/2010/07/01/georgia-telemarketer-to-pay-ftc-300-000-for-dropped-unauthoriz/
Caller ID Rules: http://www.fcc.gov/guides/caller-id-and-spoofing
Telephone Consumer Protection Act of 1991
Discussion of Rules & Laws: http://www.lermansenter.com/assets/attachments/128.pdf
Liability & Responsibility of Buyers/Users:
Liability & Responsibility of Buyers/Users
Our products have the capability of being operated in various ways and for various uses. The Buyer/User assumes all liability and responsibility for only operating these products legally, according to federal, state, and/or local laws. Laws are complex and may change from time to time, and laws vary from country to country and from state to state. A violation of any such laws could result in significant penalties and other sanctions. Prior to buying or using any product, the Buyer/User should consult with an attorney to determine the extent of permissible activities. The Seller and the Manufacturer and its Technicians and Representatives are not attorneys; therefore, our interpretations of laws regarding the use of these products should not be completely relied upon. It is your responsibility to determine specifically what is legally required for your application and to therefore use these products in a manner that will comply with any such rules and laws. After purchasing a product, a refund is not available due to lack of understanding of rules or laws or if any rules or laws are later changed affecting the use of these products.
Our Interpretation of Rules & Laws:
A summary of our interpretation of some of those laws is described in the section below (we are not attorneys):
PURELY INFORMATIONAL PRE-RECORDED CALLS & LIVE CALLS: Calls that are not selling anything but are providing information such as appointment reminders, delivery times, travel updates, member notifications, emergency warnings, etc. are generally not subject to the rules and laws below. Examples of exempted callers are religious, political, educational, health care, and clubs and organizations. There are other exemptions listed below as well.
TELEMARKETERS BEWARE: If the Buyer/User intends to use any outbound dialing products (power seller, auto dialer, power dialer, predictive dialer, swipe dialer, or fax broadcaster) for solicitation purposes (selling goods or services), there are laws or rules including, but not limited to, the following:
Do Not Call: The Buyer/User should be aware that he or she may be responsible for monthly “scrubbing” of calling lists against Federal and/or State Do Not Call Registry lists. (The Manufacturer of this product provides the Buyer/User with tools to assist in cleaning the Buyer/User’s dialing lists of Do Not Call telephone numbers if required; however, the Manufacturer cannot guarantee 100% integrity or reliability of these tools.)
Cell Phones: It is not legal to call cell phones to attempt to sell goods or services with either a pre-recorded message or with live agents without prior written or electronic permission.
Predictive Dialing (calling to speak to people live): If using a predictive dialer, there are laws regarding “DROPPED CALLS” or “ABANDONED CALLS”, which are calls that are not connected to a live agent. Among other things, those laws may require: 1) not hanging up before 15 seconds or 4 rings, 2) playing an informational message if the call is answered but an agent is not available, and 3) not abandoning more than 3% of calls, calculated over a 30 day period.
Auto Dialing (calling to leave pre-recorded messages): Effective December 1, 2008, per the US Federal Trade Commission (FTC), in the beginning of the pre-recorded message, an automated key press must be available so that consumers can opt out of the call as easily as they can from a live telemarketing call. If a message is left on an answering machine or voice mail, a toll free number must be provided for the recipient to call to opt out of any future calls. Effective September 1, 2009, per the US FTC, telemarketers cannot call people with a pre-recorded message to sell goods or services, unless they have prior written (or electronic) permission from the recipient of each call, regardless of whether it is answered live or by an answering machine or voice mail. There are some exceptions to this rule, including common carriers, banks, healthcare and insurance providers, non-profit entities, and a limited number of other entities. Having a previous business relationship will no longer be sufficient. The following are exempt from the prior written permission requirement: informational calls (with no intent to sell), political calls, charitable solicitation calls, and healthcare related calls that are subject to HIPPA. Note: The US FTC and FCC have different rules and they may conflict with each other.
Fax Broadcasting (calling fax machines to send printed information): It is NOT legal to randomly send unsolicited advertisements by fax in the USA.
Time of Calls: There are also restrictions as to the time of day that calls may be placed. These restrictions vary from state to state, but the most common is no calling before 9 am or after 9 pm, Monday through Saturday, and not before noon on Sunday.
The Seller and Manufacturer strive to provide the Buyer/User with the highest quality software and hardware; however, there are a number of factors that can cause system malfunctions including, but not limited to, operator error, software corruption, software bugs, telephone line problems, electrical surges, hardware defects, and computer failures. The Seller and Manufacturer and its Technicians cannot be responsible if the Buyer/User adds other software or hardware that corrupt the system or for any other malfunctions.
The Buyer/User is responsible for making frequent backups of his or her system to protect against any loss of valuable data. The Seller and Manufacturer and its Technicians cannot be responsible for loss of data for any reason whatsoever. The Seller or Manufacturer will not be liable for any lost revenue, lost profits, penalties, fines, legal judgments, or other expenses due to loss of data, hardware or software problems, or for any other reason.
By using any of these products, the Buyer/User accepts 100% of the responsibility and liability regarding its use and will hold the Seller and the Manufacturer and its Technicians and Representatives completely harmless from any fines, penalties, litigation, expenses, or claims for any reason.
Q & A For Telemarketers & Sellers About Do Not Call Laws:
For questions and answers, click here.
Do Not Call Registration, Compliance, and List Scrubbing:
The United States Government’s “National Do Not Call Registry” web site is: https://telemarketing.donotcall.gov. Each state may have its own laws as well.
For assistance with Do Not Call legal compliance and list “scrubbing”, call Contact Center Compliance at 866-362-5478 or visit their web site at: www.dnc.com
“Do Not Call” management tools and other functions are provided with our products to assist buyers/users in their operation; however, the seller/developer cannot accept any responsibility or liability if the system does not operate correctly 100% of the time. The seller/developer strives to provide the highest quality software and hardware; however, there are a number of factors that can cause system malfunctions, including but not limited to operator error, software corruption, software bugs, telephone line problems, voice board defects, and computer failures.
Attorneys Specializing in Telemarketing:
Copilevitz & Canter, LLC, Attorneys At Law. Visit their web site at: http://www.copilevitz-canter.com
Terms of Using Our Products:
- TELEPHONE SERVICE: One or more standard ANALOG telephone lines (business or residential) or T-1 DIGITAL lines may be used with this product. Important note: If Buyer/User intends to use the live call transfer feature, or if Buyer/User intends to use T-1 lines (24 lines each), please go to our technical support web site: www.tellacom.net and click on “Telephone Requirements” for the details needed to properly order telephone service from a telephone company.
- MINIMUM COMPUTER REQUIREMENTS: A computer with Windows 2000 or XP with at least 500 MHZ processor, 128 megs of RAM, 1 gigabyte of AVAILABLE hard drive space, a standard Serial Port or USB Port, CD ROM Drive, Super VGA Monitor, Keyboard, Mouse, & Surge Protector and/or Battery Backup for the electrical & telephone lines. A Network Card is needed if Buyer wants to connect the system to a database on a server. Windows XP Home will network up to 4 stations. Windows XP Pro and Windows 2000 will network up to 10 stations. If networking more than 10 stations, Windows 2000 Server is required. Note: User will need 256 megs or preferably 512 megs of RAM if using Windows XP or auto dialing large lists of telephone numbers.
- EXPRESS ONE YEAR LIMITED WARRANTY: Manufacturer warrants that its hardware and software will be free of any significant defects for one year from purchase date. (There is no warranty on accessories such as headsets and cables). Manufacturer will repair or replace damaged or malfunctioning products at no charge, if within the warranty time limit and if there has been no damage by accidents, lightning or power surges, or misuse or abuse by the Buyer/User. Buyer must return any defective hardware prior to Manufacturer’s shipping a replacement or Buyer must give a credit card number authorizing a charge until the defective hardware is returned to Manufacturer. Buyer/User and Manufacturer will each pay the shipping costs of returning any items to each other for repair or replacement. THERE ARE NO WARRANTIES THAT ARE NOT INCLUDED HERE.
- TECHNICAL SUPPORT: To begin using Technical Support, Buyer/User must first REGISTER at www.tellacom.net. Three Hours or One Year (whichever comes first) of Technical Support is included with the purchase price for the original Buyer/User. An additional Three Hours or One Year of Extended Technical Support may be purchased for $150. Technical Support includes helping User install and learn how to use this software and hardware. Technical Support does not include teaching the User how to use a computer or how to use other vendors’ software such as Windows or databases, or how to use telephone systems or network computers. Technical Support can explain to the User how to import and manage User’s telephone number lists and Do Not Call lists, but Technical Support cannot actually edit or modify User’s lists for him/her. If User does not have basic computer skills, a professional should be hired to contact Technical Support for installation and training. Technical Support will accept and return calls Monday through Friday from 8 am to 5 pm, except for holidays. Also, User may at any time leave VOICE MESSAGES or send FAXES or E-mails with questions and problems. Above times are US Central Time Zone (subject to change). Technical Support will make every reasonable effort to resolve questions and problems on a timely basis, within the times listed above; however, Technical Support may not always be able to resolve every problem nor respond to every call immediately.
- SOFTWARE & MANUAL UPDATES: After the initial purchase, updates to the Software and Manual are available free of charge if Buyer obtains them from Manufacturer’s Technical Support Web Site; however, a new copy of the Software on a CD is $20 and a printed hard copy of the Manual is $20. These prices include shipping by US Post Office. Overnight shipping is an additional $10 in the USA.