The U.S. National Do-Not-Call Registry – An Expensive Mistake
In the U.S., we have the National Do-Not-Call Registry, as well as multiple states with their own legislation. And with fines for violating the National Do Not Call Registry rules running as high as over $43,000 per call, it’s important to keep tabs on this changing industry. Just this summer, for example, Florida expanded its telemarketing laws. This federal law, like most of its state counterparts, is largely aimed at protecting consumers from direct marketing campaigns – so before you get too worried about those fines, read on to see if your calls are covered, how to check if they’re on the list, and what safe harbor provisions might help protect you from liability in the event of a mistake.
Are your calls covered by the Do Not Call Registry?
Most Lusha customers will be glad to know that most B2B sales calls are generally exempt from the Do Not Call Registry. The Telemarketing Sales Rule (TSR) of the FTC specifically exempts most B2B calls, as long as you’re trying to sell to the business itself, rather than a personal purchase by an employee of the business. Some state laws may not be so forgiving – and some might even require B2B marketers to register and place a bond before making calls. That said – it’s more and more common for people to be using mobile phones for both work and personal use; so if they have their cell number on the Registry list, even a true B2B marketing call could be problematic.
Similarly, if you’re calling on behalf of a political organization, charity, telephone surveyor or reaching out to existing customers, then you’re in luck! The Do Not Call Registry does not cover those calls. If you’re reaching out to previous customers, you can call them for up to 18 months after their most recent purchase, delivery or payment, unless the customer has asked you not to call again. If you’re responding to an inquiry from a potential lead, you can call for up to three months after that request – again, as long as they haven’t asked you to stop.
But how do I even check if they’re on the list?
If you want to ensure you’re checking against the U.S. National Do Not Call Registry, you can create an account on their website and confirm whether numbers are registered before calling them. The FTC rules don’t apply to emails or social media messages – just phone calls. And as we mentioned above, true B2B sales calls (as in, you’re calling a person to sell to their company and not just calling a work number to sell something to the person individually) are generally exempt from these rules.
There is, however, a safe harbor provision to cover you from inadvertent mistakes! If you meet the requirements below as part of your routine business practices, you may qualify for the safe harbor:
- it has written procedures to comply with the do not call requirements
- it trains its personnel in those procedures
- it monitors and enforces compliance with these procedures
- it maintains a company-specific list of telephone numbers that it may not call
- it accesses the national registry no more than 31 days before calling any consumer and maintains records documenting this process
- any call made in violation of the do not call rules was the result of an error
So if you’re using Lusha for only B2B marketing, and have a safe harbor policy in place, you’re likely well protected. But please don’t take our word for it – seek advice from your own legal counsel to make sure you don’t wake up to a big fine from the FTC.
Lusha cannot provide legal advice to its customers – this article is provided for informational purposes only and is not legal advice. Please consult your own legal counsel for any advice related to compliance with these laws.
