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1996-11-06
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┌─────────────────────────────────────────┐
│ NEW FTC TELEMARKETING RESTRICTIONS │
└─────────────────────────────────────────┘
If your business in engaged in telemarketing, you will need
to keep one hand on the telephone, and one eye on the Code
of Federal Regulations. Effective January 1, 1996, a new
set of Federal Trade Commission regulations went into effect,
imposing stringent restrictions on telemarketing companies
and how and when they can "reach out and touch" potential
customers. These new rules are primarily 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 impose 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]