Products




Focus3, Inc
7780 Brier Creek Pkwy
Suite 420
Raleigh, NC 27617

888-736-2873

Support:
support@focus-3.com

Sales:
sales@focus-3.com

General Inquires:
info@focus-3.com


F3 SalesManager

National Do Not Call Registry Compliance

Staying compliant with the National Do Not Call & Telemarketing Sales Rules (TSR) is vital to the success of your sales efforts. F3 SalesManger helps you stay compliant with the National Do-Not-Call (NDNC) registry, reducing your risk of a violation and a potential fine of up to $11,000 per incident. F3 SalesManager cross-references your prospects' contact information against the NDNC database and delivers automatic alerts to keep you aware of a contact's NDNC status.

Overview & Frequently Asked Questions

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.

The National Do Not Call Registry does not limit calls by political organizations, charities, or telephone surveyors.

How does F3 SalesManager help with NDNC compliance?
F3 SalesManager scrubs your prospects' contact information against the NDNC database, which is updated every 30 days. When a prospect is entered into F3 SalesManager, it is scrubbed in real time against the latest NDNC list posting. This assures that your data is in compliance at all times. It becomes each sales executive's responsibility to comply with the NDNC exemptions after being notified that a prospect is on the NDNC List.

How do F3 SalesManager's call filters help with NDNC compliance?
When using the Calls Screen in F3 SalesManager, several options are provided to assist in filtering the NDNC exemption calls.

  1. Select "First Time Calls" to begin your calls in ascending order from oldest to newest calls that have never been moved off of their initial ActionCycle. It is recommended that no first time calls date back further than seven days. If the inquiry date is past 90 days, it is recommended that the prospect be placed on an ActionCycle that sends a letter with a Business Reply Card for authorization to contact them in the future.
  2. Select "90 Day Calls" to list all calls in descending order starting with calls that are 90 days old and moving up to the calls that are most current.

What is the penalty for non-compliance?
Anyone contacted after 31 days of being on the NDNC List, may report this violation to the FTC. If the violation is verified, the developer and the acting sales executive may be liable for a fine of up to $11,000 per violation. After the fine, lawsuits potentially could require greater penalties for damages.

Are there any exemptions to the NDNC list policies?
Any prospect listed on the NDNC List may not be contacted unless one of the following three exemptions apply:

  1. If a prospect has provided signed authorization for you to contact them by telephone, you may do so indefinitely.
  2. If a direct inquiry comes in via phone, write-in, email, or walk-in and requests information but does not provide written authorization, this prospect may only be called for 90 days from the date of inquiry.
  3. If you have an existing business relationship with a prospect, you have 18 months from the last date of purchase to call them, unless the consumer specifically asks to be put on the company's own do not call list.

F3 SalesManger enables you to track the exemption Date for all authorized exemptions in the NDNC Exemption field. The signed documentation should be kept on file for future reference in the event of an audit. Additionally, the system allows you to sort calls with call filters that prioritize your 90-day NDNC exemptions.

What can I do to assure compliance?

  1. Only make calls to prospects that are entered into the F3 SalesManager database.
  2. If you do not have an authorized exemption, request that your prospect complete the NDNC Compliance Form in respect for their privacy.
  3. Always verify that the inquiry date is within 90 days if the "Do Not Call List" warning pops up. If the date range is older than 90 days, place them on an ActionCycle that mails them a Referral Letter and includes a Business Reply Card for them to provide NDNC authorized exemptions. If you do get authorization, verify that the NDNC Exemption field has been completed.
  4. Do not accept authorizations verbally or via email. Only recognize authorized exemptions that are properly signed on the NDNC Exemption Form.

What about an existing business relationship or existing property owner?
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.

However, 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.

Additional Resources

Official Do Not Call Web Site (The Federal Trade Commission)
http://www.ftc.gov/donotcall/

Facts for Business - Complying with the NDNC Rules (The Federal Trade Commission)
http://www.ftc.gov/bcp/conline/pubs/buspubs/tsrcomp.htm

Penalties for Violating the NDNC Rules (The Federal Trade Commission)
http://www.ftc.gov/bcp/conline/pubs/buspubs/tsrcomp.htm#penalties

Individual State Do Not Call List Information (The Direct Marketing Association)
http://www.the-dma.org/government/donotcalllists.shtml

Complying with the Telemarketing Sales Rule:
A detailed guide produced by the Federal Trade Commission
http://www.ftc.gov/bcp/conline/edcams/donotcall/businfo.html

National Do Not Call Registry Overview - Wikpedia
http://en.wikipedia.org/wiki/National_Do_Not_Call_Registry

Please note that the information provided here is not in anyway a legal recommendation. It is provided to help you better understand the policies and compliance procedures of the National Do Not Call Registry and Telemarketing Sales Rules as set forth by the Federal Government. It is solely your responsibility to obtain independent legal counsel with respect to complying with the National Do Not Call Registry rules.