Changes To Telemarketing Rules Now In Effect
The ACMA has implemented the changes to the Telemarketing Standard. Most proposals (see below) were adopted, including:
- Express consent required to call outside restricted times/dates
- Caller name must be announced at start of call
- name of the business (rather than the name of the person calling)
- Caller contact info must be provided on the call
- eliminates the former 7 day response period
- for robocalls, a mechanism must be enabled to allow the called party to get the information (e.g., key press)
- Caller ID displayed numbers must remain contactable for 30 days after an outbound call was made
- when contacted, caller contact information must be made available without unreasonable delay
- Unwanted calls must be immediately disconnected
- note: proposed examples detailing ways a call recipient might indicate a call is unwanted were not adopted
jbho: nothing earth shattering, so shouldn’t be too impactful. A reminder to update your scripts, knowledge bases, etc., as well as button up you calling processes.
Proposed Changes To Telemarketing Rules
The Australian Communications and Media Authority (ACMA) has proposed changes to the Telemarketing and Research Industry Standard. The proposal would change the name of the standard to the “Telecommunications Industry Standard,” and would clarify:
- Call time restrictions do not apply where express consent has been obtained
- Name of the business must be provided on all calls (rather than the name of the person calling)
- All name & contact info must be provided on the call (eliminates the former 7 day response period)
- now includes a web address
- Name & contact info doesn’t have to be provided where the caller hangs up before the info can be given
- provides examples of the ways in which a call recipient might indicate that they do not wish for the call to continue
- Any number transmitted via caller ID must remain contactable for 30 days after the outbound call was made
Comments must be submitted by Friday, 9 December 2016.
jbho: as a reminder, call times are restricted to 9am – 8pm M-F, 9am – 5pm Sat, and no calls on sundays, or holidays (New Year’s Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Christmas Day, Boxing Day or a holiday on a weekday given in lieu of a public holiday).
Easymeals Penalised For Overcooked Telemarketing
Portion controlled, prepared food provider Easymeals was fined $13,600 for making telemarketing calls outside permissible hours, and continuing to call after individuals asked to be opted-out.
Since the ACMA’s investigation, Easymeals has taken a number of steps aimed at ensuring compliance.
jbho: make sure you have consent, keep your time zones straight, and if someone asks you to stop calling, STOP CALLING.
Reminder That Corporate Officers Can Be Held Personally Liable For Unsolicited Marketing
The ACMA won a $325,000 judgement against Getaway Escapes for making unsolicited telemarketing calls to numbers on the National Do Not Call List (DNCL), and for failing to send valid caller ID information to called parties. The company was ordered to pay penalties of $150,000 for each violation ($300,000 in total), and the company’s Director was assigned an additional $12,500 in penalties for each violation ($25,000 in total).
The court also enjoined the director from operating any business involved in unsolicited telemarketing.
jbho: maybe best to just get consent and skip the cold calling?
You Are Responsible for Emails Sent By Your Vendor
ESP J&L Mainwaring (aka “oneofthebest.com”) was fined $21,600 for sending unsolicited emails. Mainwaring failed to provide the statutorily required contact information of the “authorized senders,” and was unable to produce records of consent to send the mails in the first place.
jbho: a reminder that both parties — the vendor that physically conveys the mail and the authorizer/initiator of an email – are responsible for compliance with the Spam Act.