First it's in, then it's out. Now it's back in. With
all the confusion surrounding the national "Do Not Call"
registry and its legal ramifications, it's no wonder many
entrepreneurs are confused about what it means for their business
and who's really affected by it.
Before we discuss how to make the registry work for you, here
are the answers to some of the most common questions being asked
about the new regulations:
Who must access the
registry?
- Sellers: people selling directly to consumers via
telephone
- Telemarketers: people who call consumers on behalf of
sellers
- Service providers: people who provide assistance to sellers and
telemarketers (such as list brokers and service bureaus)
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Please note: Exempt organizations, such as non-profits,
charities, pollsters and certain others, may voluntarily access the
registry but aren't required to do so.
Must I register, even if I don't
make cold calls?
Yes! Many companies that don't make cold calls mistakenly
believe the regulations don't pertain to them. What they
don't realize is that the regulation covers past customers.
Under the new law, companies are allowed to call past customers for
only 18 months after the conclusion of business, unless the
customer gives written permission to the company to continue
calling them. Also, unless a business relationship is established
or written permission obtained, companies are permitted to call
consumers for only 90 days after they've contacted them with an
inquiry about their products or services. There's also a
provision for penalizing companies who call consumers, even if
they're not on the list, if the company hasn't signed up to
access the registry but is required to do so.
What does it cost to access the
registry?
Registration, as well as access to up to five area codes, is free.
After that, the annual cost is $25 per area code, up to a maximum
of $7,375 annually for the entire U.S. database. (Incidentally, the
registry covers all 50 states, the District of Columbia, Puerto
Rico, the U.S. Virgin Islands, Guam, North Mariana Islands,
American Samoa and all toll-free numbers.)
What are the fines for
non-compliance?
Fines of up to $11,000 per call can be levied against companies who
don't comply.
Where can I go for help and
information?
For more information on regulations and frequently-asked questions
and to sign up for access to the registry, there are two Web sites
you can access. There's also an e-mail help desk. The two sites
provide plenty of useful information, although some links are in
legalese. Spanish translations are available by clicking the
"En Español" link on each site.
The official government site is www.donotcall.gov.
To register your company, click on the link for Sellers and
Telemarketers. (You may also call this toll-free number,
888-382-1222, from the number you wish to register.) For
frequently-asked questions, click on the More Information link.
The Federal Trade Commission's Web site also
provides detailed information about the Do Not Call registry. To
get answers to frequently-asked questions from this Web site,
click here.
To access the e-mail help desk, go to rm-FTChelp@ems.att.com. Help is
available Monday through Friday from 8:00 a.m. to 8:00 p.m. Eastern
Standard Time. A response is promised within two hours.
Now that we've covered some basics, let's discuss how to
make the registry work for you. Several obvious options emerge for
companies who must deal with this law and its ramifications:
1. Ignore the list and call everyone.
2. Stop prospecting by telephone and call no one, whether
they're on the list or not.
3. Check the list and call only those who aren't listed. This
option assumes that you either won't prospect those listed via
any method or will just send them standard mailing pieces.
Surprisingly, some companies are choosing to go with one of the
first two options! Predictably, many are advocating the third. Your
choice will affect not only your sales, but your reputation.
Knowing this, you should also understand that a fourth option
exists that adheres to the law and makes lemonade of the lemons
recently handed to the sales industry. This fourth option will help
you differentiate your company from the pack, positively affecting
your sales and enhancing your reputation.
Let's examine the first three options to see how the fourth
is unique-and preferable.
Option 1: Ignore the list and call everyone. Calling
everyone is equivalent to shooting yourself in the foot: If a
consumer is adamant about not being called at home, why would a
company think their call is welcome? Choosing this option tells
potential customers you don't care about them. Additionally,
you can be fined pretty heavily if consumers report you.
For F.C. Tucker Co. Inc., a real estate company based in
Indianapolis, ignoring the list was never an option. Tucker's
management created a custom program for agents to use to interface
with the national list and Tucker's own database of
"safe-to-call" customers. Both lists are updated every 30
days. "Our program was installed by October 1st," says
Kathy Collings, director of training and professional growth.
"We've also incorporated sessions into our agent training
program that deal with the law, Tucker's program and our
permission slip requirements."
Option 2: Stop prospecting by telephone and call no one,
whether they're on the list or not. Some companies are
using this option, figuratively burying their heads in the sand.
Not every consumer is listed on the Registry, so if a consumer
doesn't mind being called at home, why wouldn't a company
call? The registry can actually be used to screen out
non-customers, saving you time and money by helping you contact
only those people pre-disposed to talk to salespeople by telephone.
While this option won't hurt your reputation, it definitely
hurts sales.
Option 3: Check the list and call only those not listed.
This option respects consumers' wishes while taking advantage
of the opportunity to sell to those willing to accept calls.
However, this option doesn't differentiate you in any way from
your competition and it doesn't inform those on the list that
their wishes were respected.
Option 4: Check the list and call only those not listed. In
addition, create a special campaign to contact those who are
listed. This option offers all the benefits of Option 3, plus
one more. Ask yourself this question: If a consumer on the list
doesn't get a call from you, how does he know you're
respecting his wishes? By simply ignoring him, or sending him
standard mailings, he doesn't know that you're going out of
your way to follow his no-contact request. Furthermore, you look
just like everyone else sending out mailings, the amount of which
will certainly increase due to this law. So here's my
suggestion: Send out a mailing to consumers on the list that
clearly states:
"We saw your name on the Do Not Call registry and respect
your wishes. We will not call you. However, we do have a
valuable service that you may be interested in. If you'd like
to do business with a company that respects your wishes even before
we begin working together, PLEASE CALL US. We would love to help
you with all your (fill in your company's product or services)
needs.
Some companies are ignoring the law; others are shying away from
prospecting. No one is differentiating themselves with it. Be the
first-it may just enhance your visibility, your reputation and your
sales.
National speaker, trainer and coach Sandy Geroux is an
award-winning salesperson who helps others enhance performance
through effective sales, customer service and risk programs. For
more information on Sandy's programs and services, visit her
Web
site.