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- ┌─────────────────────────────────────────┐
- │ NEW FTC TELEMARKETING RESTRICTIONS │
- └─────────────────────────────────────────┘
-
- Effective January 1, 1996, new Federal Trade Commission
- regulations went into effect, imposing stringent new res-
- trictions on telemarketing companies and how and when they
- can "reach out and touch" potential customers. The new
- rules are allegedly designed to reign in fraudulent phone
- scamsters.
-
- The new standards require, among other things, that anyone
- who makes telemarketing calls to consumers:
-
- . Inform the consumer that the call is a sales call;
-
- . Inform the consumer if the seller has a "no refunds"
- sales policy;
-
- . Describe the nature of the goods or services that are
- being sold;
-
- . Tell the consumer, if a prize is involved, what the odds
- are of winning, and that they don't have to buy something
- in order to win;
-
- . Make such calls only between the hours of 8:00 a.m. and
- 9:00 p.m.; and
-
- . Not make further calls to a consumer who has asked not to
- be called again.
-
- The new rules also imposed extensive recordkeeping of contacts
- made, items sold, and other details of any telemarketing program
- that is covered. In general, these rules do not apply to calls
- initiated by the consumer, such as calls in response to publicity
- or advertising of the seller.
-
- Penalties for violating these standards include fines of up
- to $10,000 per violation, and reimbursement of consumers for
- any losses they have incurred. [16 C.F.R. Sec. 310, under
- 15 U.S.C. Secs. 6101-6108]
-