Cold Calls and Telemarketing

Caller Identification
Every Company member must, upon making a contact with the solicited person, identify himself or herself by the following:

  • First and last name
  • The caller’s title
  • The purpose of the call

Under NO circumstances should a The Company member misrepresent his/her title, position, capacity or qualification for the purpose of gaining access to the solicited person, for increasing the probability of making a sale, or for any other reason.

A caller should disclose the purpose of the call.  Under NO circumstances should a caller provide erroneous information, such as stating that the call is “not a solicitation” or that it concerns an “emergency” or “critical” situation or that it is of a “personal” nature.

Automated Dialing / Message Systems
The use of automated telephone dialing or automated facsimile dialing machines and/or message for any purpose is prohibited by The Company.

Calls Made to Prospect’s Home/Do Not Call List
A caller is NOT permitted to call a prospect’s home telephone if the number is on the “Do Not Call” list.  All telephone numbers must first be checked against the “Do Not Call” list.

Telemarketing

The Telephone Consumer Protection Act (TCPA) restricts telephone solicitations and limits the use of automatic dialing systems, artificial or prerecorded voice messages, text messages, and advertising by fax.  Non-compliance with the TCPA can result in penalties ranging from $500 to $1,500 per violation.  The top end being reserved for knowing or willful violations.  You’re required to comply with all applicable telemarketing rules, including the Federal and State Don’t Call regulations.  Agents may NOT place telephone calls to any telephone number that is maintained on the National Don’t Call registry.  Specifically, agents are subject to these telemarketing requirements:

  1. Requirement to check the DNC Lists prior to making any telephone solicitation
  2. Promptly identify the producer’s name, company name and telephone number or address at which the producer may be contacted
  3. Prohibition that a producer block his/her caller ID
  4. Training producers engaged in any aspect of telemarketing on the existence and use of a Don’t Call Policy and List
  5. Only make calls between the hours of 9am and 9pm local time
  6. Requirement to use a compliance-approved script

If a client or prospect requests to be placed on The Company’s Don’t Call registry, the agent is required to submit the name and telephone number to The Company’s Don’t Call registry located on The Company website.  Agents should make every effort to enter this information into The Company’s registry with 48 hours.  Waiting 30 days to enter the information may cause an agent to lose sight of the requirement resulting in the client or prospective client not being added to the registry.

Prerecorded, Autodialed Call/Texts or Fax Machines

Unless prior written consent is received from a client or prospect, an agent may not market their products through the use of prerecorded, automatic calls/text, or fax messages.  Prior written consent requires a written agreement that documents the telephone number that specifically authorizes telemarketing by prerecorded, automatic dialing/texting, or fax messages, and that is not required as a condition of purchase.  Copies of all executed written consents must be maintained by the agent.

Email Marketing

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, and gives recipients the right to have you stop emailing them.  Similar to TCPA, failure to comply with this law subjects The Company to monetary penalties of up to $40,000.  Prior to sending out any commercial email, the primary purpose of it needs to be determined as this will determine if the CAN-SPAM Act is applicable.  An email can contain three different types of information:

  1. Commercial content: advertises or promotes a commercial product or service, including content on a website operated for a commercial purpose
  2. Transactional or relationship content: facilitates an already agreed upon transaction or updates a client about an ongoing transaction
  3. Other content: neither commercial nor transactional or relationship

Any message that contains only commercial content must comply with the requirements of CAN-SPAM.  The key requirements of a CAN-SPAM program are as follows:

  1. Don’t use false or misleading header information: the “From,” “To,” “Reply-To,” and routing information, including the originating domain name and email address, must be accurate and identify the person or business who initiated the message
  2. Don’t use deceptive subject lines.  It must reflect the content of the message
  3. Identify the message as an ad
  4. Inform recipients where you’re located.  The message must include a valid physical postal address
  5. Inform recipients how to opt out receiving future emails.  The message must contain a clear, conspicuous explanation of how the recipient can opt out receiving marketing emails in the future