JenniferF on October 31st, 2011

You went to bed early enough but then tossed and turned…. finally falling asleep.  It’s 2:00 AM.  You wouldn’t know that if the phone hadn’t just rung.    And of course what do we do when the phone rings in the wee hours of the morning?  We answer because who would call at this hour if it weren’t an emergency.

So you roll over, pick up the phone and hear:

telemarket1"Hi, my name is Dave.  Now I know you hate these calls just as much as I do, but don’t hang up! ….. Blah, blah, blah…"  You press "9" to remove yourself from the list.  That doesn’t work and Dave keeps on talking about his GREAT deal or tool (which is more than likely the tool he is using to wake you up.)  You hang up.

A lot of people jumped on the robo-dial bandwagon last year.  Over the last few months, the auto-dialing calls from programs like IBIZZPro and LeadNetPro seem to have died down for many of us.  Instead of getting 5-6 per day, I’ve only been getting 1-3 a week….  quite a difference I’d say.

I’ve read a few different company’s policies and procedures in regards to the  telemarketing  vs  it’s NOT the same as telemarketing vs anyone in Network Marketing is a ‘business’ and calling a business IS allowed.

One of the company’s described the regulations on random robo dialing in depth as follows:

Independent Distributors shall comply with all Federal, State and Local laws in the conduct of their business. The violation or attempted violation of any such law or regulation, or fraudulent or deceptive conduct, shall be grounds for disciplinary action by XYZ. Although there are thousands of governing laws and statutes on the books in the numerous jurisdictions in which XYZ Independent Distributors operate, there is one critical and relatively new federal law which requires specific publication in these Policies and Procedures:

The FTC Do Not Call Registry. The penalties are significant ($10,000 for each occurrence) and the statute also covers fax numbers, if registered. To quote from the FTC’s website:
Q: Who is covered by the National Do Not Call Registry?
A: The National Do Not Call Registry applies to any plan, program or campaign to sell goods or services through interstate phone calls. This includes telemarketers who solicit consumers, often on behalf of third party sellers.
It also includes sellers who provide, offer to provide, or arrange to provide goods or services to consumers in
exchange for payment.
Q: What about an established business relationship?
A: A telemarketer or seller may call a consumer with whom it has an established business relationship for up to 18 months after the consumer’s last purchase, delivery, or payment – even if the consumer’s number is on the National Do Not Call Registry. In addition, a company may call a consumer for up to three months after the consumer makes an inquiry or submits an application to the company. And if a consumer has given a company written permission, the company may call even if the consumer’s number is on the National Do Not Call Registry.   One caveat: If a consumer asks a company not to call, the company may not call, even if there is an established business relationship. Indeed, a company may not call a consumer – regardless of whether the consumer’s number is on the registry – if the consumer has asked to be put on the company’s own Do Not Call list.

In a search on a completely different topic, I found this statement in another company’s policies and procedures.

Both federal agencies (as well as a number of states) have “do not call” regulations as part of their tele-lawmarketing laws. Although [Company XYZ] does not consider Independent Distributors to be “telemarketers” in the traditional sense of the word, these government regulations broadly define the term “telemarketer” and “telemarketing” so that your inadvertent action of calling someone whose telephone number is listed on the federal “do not call” registry could cause you to violate the law. Moreover, these regulations must not be taken lightly, as they carry significant penalties (up to $11,000 per violation)

The only companies I see NOT presenting the ‘do not call’ issue in complete light are the companies SELLING the robo dialing programs. 

…………………… So, if you’re thinking about purchasing a program that’s going to automatically tele-SPAM strangers about your business opportunity or service, who are you going to listen to….. the guy/gal trying to make a sale off of you by convincing you the laws don’t apply to  you OR the Network Marketing company you represent who you signed up with to create on going income?

Be safe, be smart….. always look at both sides.  Discovering what you don’t know you don’t know COULD save you from getting in HOT WATER not only with your Network Marketing company but also perhaps the Federal Government!

To YOUR Success
~Jennifer Fisher

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2 Responses to “Is Robo Dialing Building or Threatening Your Business?”

  1. Oh My goodness Jennifer, you have stirred up some “stuff” now. Thank you so much for bringing this to light in your blog post. I have been the recipient of these phone calls in the middle of the night and just as you have stated think that is an emergency as my x in-laws are ill, my in-laws are elderly and my mother is getting up there in age.

    People do not bother to educate themselves about legal laws that do govern network marketing and network marketers. Network marketers (some)obviously do not read their own Policies and Procedures, otherwise they would not be calling ANYONE at any hour of the day with a clause such as those you have posted.

    Brings up many questions too…why not learn the skills to be able to talk with people instead of having a robot do it for you?

    Well enough of that, thanks for this post and info. I hope your other readers enjoy it as much as I did….and learn from it.

    Darlene

  2. Hi Darlene,
    Thanks for dropping by.

    I had two calls today from a robo dialer. One of them started off with “I know you hate these calls just as much as I do …. ”

    Beyond the legal ramifications of calling a residence phone, WHY is it so easy for some people to do to others what they hate having done to them?

    Isn’t it interesting?

    Thanks again Darlene and come back by anytime. I always enjoy and appreciate your input.
    ~Jennifer

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