Telesales is a legal
business, but many telesales
firms make illegal calls and are
able to get away with it simply
because the average telephone
consumer does not know their
phone privacy rights. What you
need to understand is that there
are rules telesellers must abide
by. However, you also must
understand that though you may
find all telesales calls
annoying, the fact remains that
many of the calls you receive
are within the rights of the
telesales firm.
The Telephone Consumer
Protection Act (TCPA) was
created in the early 1990's to
provide telesales companies with
legal guidelines that were
created to protect a telephone
consumer's right to privacy. The
following is a basic outline of
legal and illegal telesales
practices:
It is legal...
For a telesales company to call
between the hours of 8 am and 9
pm.
For a company with whom you have
an established business
relationship to call you. This
is a company with whom you have
made a purchase.
For the affiliates of the
company you have a business
relationship with to call you as
long as the affiliate is in some
way associated with the product
or service you purchased.
For telesellers to call your
cellular phone if you have given
them permission to do so.
For telesellers to send you
unsolicited faxes if they have
been given your express
permission
It is illegal
For a teleseller to call you
before 8 am and after 9 pm
For a teleseller to not have an
internal do not call list.
For a teleseller to not remove
your number from their call list
when you request it.
For a teleseller to call you
once you have made the request
to no longer be contacted by
them.
For a teleseller not to have a
clear and defined policy, and to
not make this policy available
to a consumer upon request.
For a company with whom you have
an established business
relationship to call you after
you have made the request to be
added to their do not call list.
For telesellers who use
autodialing devices to call cell
phones
For telesellers to send
unsolicited faxes without
permission
For telesellers to use automated
messages
For a telemarketer to not
provide their name and the name
of the company they work for
when asked.
As you can see, telesales
companies must abide by strict
rules or else face the penalty
of the law. Therefore, know your
rights and stop telesales calls
by making complaints.
Source: Dwayne Eisen
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