Simple to understand robocall laws

Need to know how to make 100% LEGAL robocalls and automated text messages? First let’s look at PHONE CALL FRAUD and how we handle it. Caller ID must display a valid number that can be called back by the person who receives the robocall. Messages delivered cannot mislead or attempt to defraud for money of information. All messages are reviewed before sending for fraud and accounts are locked before messages are sent. Any misrepresentation of who you are or why you are calling is FRAUD and we will terminate your account and work with authorities to prosecute you.

PHONE CALL EXCEPTIONS

NOTE: It’s important to point out that charitable groups, political organizations, schools, people conducting surveys, and non-profits DO NOT HAVE TO COMPLY with the Do Not Call Registry due to the nature of their intentions. These organizations can call anyone, without a relationship or consent. So if you are a 501C, dial away without fear.

YOU HAVE A RELATIONSHIP WITH THE PEOPLE YOU ARE CALLING

Is the person you are messaging a current customer of yours? Do you have a business relationship with them? Do they owe you money? Have they given you their phone number? Do they use your services? Do these people work with or for you? NOTE: States have exceptions for intrastate calling, so check your state laws as some states do not have laws for robo calling.

YOU ARE CALLING BUSINESSES

Are the phone numbers listed as a business? (ie. real-estate agents) All businesses can be called without restrictions. Read thru the laws for the term "solicitation" - solicitation means you are trying to sell something over the phone which can be illegal. Review the laws thoroughly for your state to ensure your calls comply with state regulations. Remember that informational calls are 100% LEGAL ("Welcome to our Open House Event on March 21st at 1pm. Free lunch..")

WE PROVIDE FTC / FCC LEGAL CALLS AND TEXT DELIVERY CONSISTENT WITH FEDERAL LAW

We take care of making our robocalls legal by following several rules, including only redialing one additional time if no answer to first attempt and limiting the number of rings. We offer our customers the option of adding the "Press 9 to be added to our Do Not Call List" at the end of the message to allow callers to opt out of future calls. We move these people from the current list to a OPT-OUT list and customers are required to update their data accordingly.

CALLING CELL PHONES - (FROM THE FCC)

Even if a Do-Not-Call directory is established, most telemarketing calls to wireless phones would still be illegal if specific consent has not been provided by person being called. For example, it is unlawful for any person to make any call using any automatic telephone dialing system or any artificial or prerecorded voice message to wireless numbers (other than a call made for emergency purposes or made with specific prior consent by receiving party). This law applies regardless of whether the number is listed on the national Do-Not-Call list. The federal government does not maintain and is not establishing a separate Do-Not-Call list for wireless phone numbers. Wireless phone subscribers have always been able to add their personal wireless phone numbers to the national Do-Not-Call list, either online, or by calling toll-free 1-888-382-1222 from the phone number they wish to register. The Do-Not-Call rules require callers that are not exempt from the rules to stop telemarketing calls 30 days after you register a number. There is no deadline for registering a number on the national Do-Not-Call list. There is also no longer any need to re-register a number - it will stay on the national Do-Not-Call list until you cancel your registration or discontinue service.
MORE INFO: SEE THE FCC DO NOT CALL LAW HERE

WHY THE FEDERAL "DO NOT CALL LIST" IS COMPLETE NONSENSE

This DNC list ONLY APPLIES to calls that have a caller ID from outside destination states (call made from state other than the state to be called) for the termination of a phone call. EXAMPLE: Phone call made from a number with a California area code (310 for example) calling a Michigan phone number (248 area code for example) would be subject to FTC / FCC laws.

Phone calls that use a caller ID within the same state as the number you dialed are ONLY SUBJECT to state laws and NOT FTC / FCC laws unless the state specifically notes they follow the same federal laws. EXAMPLE: In Florida you can robocall anyone within Florida if you want to setup a face to face meeting with them (each state has their own specific laws for robocalls that stay within the state lines.

If you have a relationship with a person, the DNC list does not apply. EXAMPLE: If a doctor's office wants to send an appointment reminder, a relationship has been previously established and the phone number was provided to be contacted when needed, therefore the DNC does not apply.

If you are listed in the exceptions above (informational calls, non-profit, charity, political, ..) again the DNC list does not apply. EXAMPLE: Sending out notification of a town hall meeting.

If people opted-in on a webpage to receive phone calls to obtain more information on a desired subject, then you may call them because they requested information about the service you are providing, even if you obtained their number from a third-party source. EXAMPLE: People opt in to receive Work from Home opportunities on a recruitment website and your company as a Work from Home job provider purchases the phone number list from the recruitment website. Your company can then legally conduct robocalls to provide them with more information on Work from Home opportunities as that is why they provided their phone number to the original opt-in site.

If you buy a random list of people's phone numbers or make them up in excel, and robocall them without a having a relationship or any of the above exceptions, you are breaking the law and can be fined.

This is why the DO NOT CALL LIST IS MEANINGLESS FOR NATIONAL CALLING. There is no reason to scrub your phone numbers (confirm the numbers are not on the DNC list) as the above details when and how robocalls can legally be made. You should not be calling people who have not asked for your calls. It's pretty simple when you get down to it. Check the state laws if you are only calling inside the one state and disregard federal laws. If you are calling across state lines you need to have an exception listed above or have a business relationship with who you are calling.

CONTACTING PERSONAL PHONE NUMBERS WITHOUT A RELATIONSHIP

Exceptions include calls:

Made for emergency or informational purposes.

Made by or on behalf of a tax-exempt nonprofit organization; or that delivers a “health care” message made by, or on behalf of, a “covered entity” or its “business associate,” as those terms are defined in the HIPAA Privacy Rule.

At the beginning of the message, it must state clearly the identity of the business, individual, or other entity that is responsible for initiating the call.

During or after the message, state clearly the telephone number (other than that of the auto-dialer or prerecorded message player that placed the call) of such business, other entity, or individual.

Provide an automated, interactive voice- and/or key press-activated opt-out mechanism for the called person to make a do-not-call request.

Any residential telephone subscriber before the hour of 8 a.m. or after 9 p.m.

A residential telephone number not on the national do-not-call registry.