The Telemarketing Sales Rule does not outlaw all Telemarketing to cell phones. In fact, there are some times when the only way to get a hold of someone is to call them on their cell phone. Nowadays, two-thirds of Americans are only available via mobile phone; many people have become “untethered” and have dropped their landlines.
Cell phone lists are available. The key is using them wisely.
Consumers provide their cell phone number to their hair salons, physicians, kids schools, insurance companies and travel agents. It’s often not just about getting a call on a mobile, it’s about authorizing texts, permission marketing.
This article will focus on the current regulations regarding telemarketing to cell phones
It is unlawful for any person to make any call (other than a call made for emergency purposes or made with express prior consent) using any automatic telephone dialing system or any artificial or pre-recorded voice message to wireless numbers. This law applies regardless of whether the number is listed on the national Do-Not-Call list.
The Do Not Call
The federal government does not maintain and is not establishing a separate Do-Not-Call list for wireless phone numbers.
Wireless phone subscribers have always been able to add their personal wireless phone numbers to the national Do-Not-Call list, either online, or by calling toll-free – 1-888-382-1222 – from the phone number they wish to register. The do-not-call rules require callers that are not exempt from the rules to stop telemarketing calls 30 days after you register a number.
There is no deadline for registering a number on the national Do-Not-Call list. Also, according to the FTC, once a number is registered, it will stay on the national Do-Not-Call list until it is either cancelled or the service is discontinued.
Even after registering a cell phone # on the Do-Not-Call list, cell phone owners may continue to receive calls from these six categories:
- Companies with which they have had a relationship in the last 18 months. It might have been a purchase or simply requested information. They may legally call for the next year and a half.
- Political parties or organizations seeking votes.
- Organizations taking a survey. These surveys can sometimes quickly turn into a full-blown sales pitch.
- Charitable organizations.
- Scammers who are operating outside the U.S. and don’t care that they are breaking the law.
- Robo-callers
Follow The Rules
At Dataman Group, we always caution our clients to be smart, and follow the rules.
Make sure that you have researched the TCPA and other wireless calling rules – as it applies to your business. You want to only use the data in strict compliance with the law. This includes any consent requirements.
Client assumes all risks related to contacting wireless phones and agrees that Dataman Group cannot ensure the compliance of Client’s campaigns. Dataman Group will not be held liable for Client’s compliance mistakes. Client will indemnify Dataman Group in the event Dataman Group incurs any loss related to Client’s conduct.