Dialer Law

[magagent]

With the new dialer laws starting in less than a month, for those that heavily depend on dialer leads for final expense what will you do? More mailers, personally cold call from a list?...

 

[theinsuranceman]

With the new dialer laws starting in less than a month, for those that heavily depend on dialer leads for final expense what will you do? More mailers, personally cold call from a list?...

A little birdie told me there are a few loopholes in the new law. Can't verify what I've heard though. A good attorney should be able to point these out. I've not talked with an attorney myself.

 

[myinsurebiz]

A little birdie told me there are a few loopholes in the new law. Can't verify what I've heard though. A good attorney should be able to point these out. I've not talked with an attorney myself.

If you are going to broadcast residences with no upfront human intervention and you DON'T have the consumers permission to call - it would be wise to have your attorney's phone number in your speed dial.

The statues are pretty simple and spelled out.

Good luck,

Tom

 

[theinsuranceman]

If you are going to broadcast residences with no upfront human intervention and you DON'T have the consumers permission to call - it would be wise to have your attorney's phone number in your speed dial.

The statues are pretty simple and spelled out.

Good luck,

Tom

Tom you may be correct. Do you have anything in writing that supports your statement?

 

[myinsurebiz]

Tom you may be correct. Do you have anything in writing that supports your statement?

Greg,

Look at the attached url:

FTC Issues Final Telemarketing Sales Rule Amendments Regarding Prerecorded Calls

Tom

 

[theinsuranceman]

Greg,

Look at the attached url:

FTC Issues Final Telemarketing Sales Rule Amendments Regarding Prerecorded Calls

Tom

Could you not say the consumer has given permission to be called since they did not register their number on the DNC?

 

[myinsurebiz]

Could you not say the consumer has given permission to be called since they did not register their number on the DNC?

The fines are going to be stupidly high.

They told us at the meeting on this in DC back last Fall that they were going to make an example out of 2 or 3 companies in each state to show their desire in people following the rules.

$5k per violation. One unauthorized call = one violation.

I imagine those caught will go bankrupt.

Tom

 

[JustinUpright]

You will still be able to use a dialer if it is live transfer right or with a human on the line.

 

[djs]

Let's look at this. Compare this thought....

Could you not say the consumer has given permission to be called since they did not register their number on the DNC?

to what the text of the rule says:

Expressly prohibit telemarketing sales calls that deliver prerecorded messages, whether answered in person by a consumer or by an answering machine or voicemail service, unless the seller has previously obtained the recipient's signed, written agreement to receive such calls;

I think the term expressly will require some explanation. Lets visit dictionary.com:

Expressly: in an express manner; explicitly: I asked him expressly to stop talking.

I'll leave it to you to figure out what the written agreement part means. Of course, you can get them signed 'electronically', that is expressly permitted.

Please note: these rules pertain to telemarketing calls, not to your doctor leaving a message to remind you that you have an appointment tomorrow, or the school leaving a message that your child wasn't in class today. Those are still allowed, even though they might be annoying as well.

I will say, this is change I can believe in. I've never really liked the robo-call stuff for telemarketing. Appointment reminders, I'm okay with.

Dan

 

[souldeux]

You will still be able to use a dialer if it is live transfer right or with a human on the line.

So long as it's a live transfer as in "as soon as someone picks up the phone, they're transferred" and not "when they answer, they get a recorded 'PRESS ONE FOR INSURANCE!' message" then I think you're right.