Do Not Call List Exemptions

[wrighj03]

(3) Telephone calls in which the sale of goods or services or charitable solicitation is not completed, and payment or authorization of payment is not required, until after a face-to-face sales or donation presentation by the seller or charitable organization, [FONT=PILNH C+ Melior,Melior][FONT=PILNH C+ Melior,Melior]provided[/FONT][/FONT], however, that this exemption does not apply to the requirements of §§ 310.4(a)(1), (a)(7), (b), and (c);

I found this in the federal register, I hope this helps people get appointments over the phone. However, there are some restrictions, the person you call could still ask you to take them off your list.

 

[eric rose]

That is a great find if it is accurate. I don't think I want to be the guinea pig that pays the fine though. Any DNC experts willing to chime in?

 

[Charpress]

I think the only safe way here is if you are calling a person on the list because they returned a mailer or in some manner initiated some contact with you.

Now, the reason I think we in our business should stick to what we know is safe, is because a complaint about telephone contact that was not first solicited by the person called, could end up being a complaint to the Insurance Commissioner. We have more people with the power to drop a load of bricks on us then the usual telephone sales people.

 

[wrighj03]

It goes on further to say:

While I believe that the amended TSR and the national do-not-call registry will go a long way to help consumers prevent unwanted intrusions into their homes, a number of entities are not subject to the TSR’s requirements. Under the Telemarketing Act and the TSR, the Commission does not have jurisdiction in whole or in part over the calls of entities such as banks, telephone companies, airlines, insurance companies, credit unions, charities, political campaigns, and political fund-raisers. From the perspective of consumers, the right to be let alone is invaded just as much by unwanted calls from exempt entities ([FONT=PILNH C+ Melior,Melior]e.g.[/FONT], banks, telephone companies, or political fund-raisers) as it is by such calls from covered entities.3 Therefore, I believe that the entire spectrum of entities that make telemarketing calls to consumers should be subject to do-not-call requirements.


I copy and pasted this stuff directly from the website. Also, I apologize I'm to new to post the url. But, if you google "Do not Call list" and click on sales and telemarketing guide and then 16 CFR part 310 its on page 4674 it's there for anyone to see. I also posted the quote above, it's a letter from the commissioner on the last page of the guide.

I'm not trying to rock the boat on this topic and I do not want anyone to take my word for it. I want to implore people to go to the ftc website concerning the do not call list and look, you can post your own interpretations.

 

[djs]

What are you trying to get around here?
The do not call list is a pretty simple thing, easy to follow. It helps you focus your calls on those who haven't opted out of taking your call.

I would recommend working with the spirit of the do not call list, not worry about some possilbe little loophole that you think you may have found, till someone points out that it doesn't apply as they slap you with an $11,000 fine.

Seriously, the do not call list is a pretty easy thing to work with.

Dan

 

[Charpress]

Yes, exactly.

Thy guy that went to the trouble to get on the do not call list will assume that insurance salesman are certainly among those he does not want calling him. He will be pissed that he got a call. He will not understand that maybe the insurance industry is exempt.

So, one of two things: you are trying to sell to someone who is pissed right off the bat, and/or you get a complaint that requires that you prove an exemption.

 

[patch36]

...and I don't think that tiny cut and paste is really an exemption for Insurance Agents and if you call me I am going to tell you so and report your ass Then, you and the govt. can sort out the $10k fine.

 

[wrighj03]

My intention here is not to be some rogue vigilante maverick or whatever trying to buck the system. DID YOU READ IT?

I wouldn't even suggest calling people out of the phone book. Most of them are broke a$$ anyways. I thought it would be fun to put it up for interpretation. DNC is a very large risk pool, and most insurance agents do not like risk.
I worked at a place booking appointments uninsurance related and he got away with it booking carpet shampoos and spot treatments, just to get in the house and sell the home cleaning system. Everybody said "I'm on the do not call list". And I said "our dealers get paid their $500 a week salary Just to do 15 cleanings a week" "What day is good for you" Lol there was no salary and they didn't get paid unless they sold it.