Ban on Robocalls on Tues Sept 1st

[Crabcake Johnny]

Ban on robocalls takes effect on Tuesday - CNN.com

There's been some confusion about this so I thought I'd try and clarify:

1) Residential telemarketing is not banned as of Sept 1st, just robocalls or "voice broadcasting."

2) Simply put, no automated message can be played - not even "press 1 to speak with an agent."

3) Agents can still use autodialers however this is very grey area. Once the phone's answered you need to be live. If more than one person answers at the same time and one hits a recorded message it could be construed as a "robocall" and it's up to a $16,000 fine per call.

I personally would NOT choose to have a recorded message after Sept 1st is more then one person answers. I'd also want to look into the legality of leaving a VM if the resident doesn't answer. Again, grey area. They'll claim is was a robo VM call - you'll be left to defend yourself stating you were just using an autodialer.

4) The agent running the campaign is liable. That's why there won't be any shortage of voice mail blasting companies giving agents false information about how there's a loophole, their servers are not located in the U.S, etc...

5) Insurance agents risk more than a fine. If you're reported to the DOI and it's found you're using an illegal marketing technique you're risking your license. It's a lot easier to get your license yanked then it is to be taken to court and sued for $16K.

6) BtoB calls are not affected.

 

[pomfin]

Thanks for the clarifications

 

[YouGotMyMoney]

So this should make it easier to contact internet leads.

 

[Crabcake Johnny]

Maybe. I think all lead vendors would have to do is put nice small print in their TOS agreements on all of their quote sites: "I agree that I may be called by a dialer...."

 

[djs]

The fine print will not work. You need a signed agreement.
As I've read the bill, there is nothing wrong with using a dialer, just with leaving recorded messages.

In the event you use a system where you hear the answering machine pick up, then press a button to leave a message and go on to the next call, this probably will eventually get you in some hot water. Someone is screening the call, thinks 'WOW! I need insurance!', picks up the call to talk to you while the robo thingy is leaving the message, and suddenly you are on the hook. Slim chance, but someone will be looking for the money.

Simply put, leave your own messages and you are okay.

Dan