Test Your Customer Contact Compliance Knowledge

1. A telemarketer does not have to subscribe to the national do-not-call list if they are making calls on behalf of another company?
True
False
Correct!
Wrong!
True
A telemarketer does not have to subscribe to the national do-not-call list if they are making calls on behalf of another company? True. However, there are several statutory obligations placed upon the telemarketer surrounding the access, use, and record-keeping of National DNC lists, and violations of these rules incurs penalties on both the client company and the telemarketer acting on their behalf.
2. You can use an autodialer to call cell phones in Canada without prior express written consent.
True
False
Correct!
Wrong!
True
True. While Canadian law does not require prior express written consent to use an autodialer to call cell phones, the law does place other restrictions on calls to cell phones, the fines for which can be severe. One cannot simply “call cell phones” in Canada without severe risk.
3. The FCC has ruled that a text message is not a telephone call?
True
False
Correct!
Wrong!
False
Any electronic transmission to a wireless device, whether a phone call, text message, or pager is considered a phone call. The rules surrounding calls to wireless devices are complex, and even vary depending upon the kind of wireless device and the purpose of transmissions to it.
4. A text message must always have an opt-out mechanism?
True
False
Correct!
Wrong!
False
Certain types of text messages do not require an opt-out feature. The rules surrounding text messages, and all transmissions to wireless devices, are complex and frequently undergo changes and revisions by the FCC and FTC, as well as state agencies.
5. Assuming you have the person's permission to call their cell phone for sales purposes, you can manually dial their phone (a) until they say otherwise, (b) for 90 days, (c) until they do not answer.
(a) until they say otherwise
(b) for 90 days
(c) until they do not answer
Both (a) and (b)
Correct!
Wrong!
(a) and (b)
(a) and (b) apply generally, with provisos depending on the business relationship with that subscriber, because the call is being dialed manually. The compliance architecture of marketing calls to wireless devices is very complex. The FTC, FCC, and Courts have taken a very aggressive and sweeping position on what constitutes an autodialer versus manual dialing, and there is more involved than simply the method of dialing or the equipment used. Given the extremely heavy fines associated with wireless call violations, any company contemplating such campaigns would do well to verse itself deeply on the minutia of compliant cellular marketing.
6. List brokers and sellers are not required to scrub leads they sell against government DNC lists?
True
False
Correct!
Wrong!
False
In some cases, statutes require list generators and list sellers to subscribe to and scrub lists against government-published Do-Not-Call lists. Factually, most list retailers do not abide by Federal and State regulations concerning lists they scrub for Do-Not-Call purposes in their reselling operations. Online leads generators are particularly non-compliant in this arena, and have mistakenly operated on the belief that risk for TCPA and TSR violations lie solely with the telemarketers.
7. On a live-agent sales call, if the consumer asks to be added to your do-not-call list you must immediately terminate the call?
True
False
Correct!
Wrong!
False
While there are exact things that must occur upon such a request, immediate termination of the call is not a strict statutory requirement at a Federal level. Some states, however, have expanded and delineated specific actions required upon a do-not-call request beyond what the TSR and TCPA require.
8. You can use an auto-dialer to call any customer cell phones for purposes of collecting on outstanding invoices.
True
False
Correct!
Wrong!
False
Strictly speaking, not without prior express written consent. While there have been exemptions made to certain collection calls to cell phones, these are very narrow in scope and limited to specific industries and call parameters. A common misconception concerning calls to cell phones is that restrictions apply only to sales calls, or only to consumers. Both of these are false.
9. If a customer calls you inquiring about goods or services, you may call them for up to 90 days even if they are already on your internal do-not-call list.
True
False
Correct!
Wrong!
False
While inquiries do provide exemption to Federal Do-Not-Call registries, they do not provide exemption to a consumer request for Do-Not-Call. Further, there are state-level regulations which enforce do-not-call despite business inquiries or transactions.
10. An electronic contract must be reproducible in paper form?
True
False
Correct!
Wrong!
True
Federal laws require that electronic agreements or contracts be reproducible for several years after their execution. Reproductions must include all the elements essential to the agreement, and this must be reproducible in paper form when requested by customers, regulatory agencies, law enforcement and courts. Such reproduction must involve an apparatus that validates the reproduction as being true to the original. Without this mechanism, the validity of agreements can be summarily undermined, which has occurred in court cases involving TCPA compliance. Such agreements include what are commonly known as “opt-in leads,” whose “prior express written consent” must be reproducible in a form true to its original. Our company has worked extensively with industry-leaders in this area to engineer the correct compliance documentation for time-of-sale and its reproduction years into the future.
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Your compliance knowledge needs work. If you're running direct sales for your company, you may be at risk.
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You run a pretty tight ship. A little consultation with All Global Resources couldn't hurt, however.
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