We understand that this is a concern for some people.
The reason is because some people like running their own counts, but we truly believe that
an on-line count system puts you at a disadvantage. The reason is that when you run counts
on an on-line count system you are limiting yourself to one compiler and one database.
There are many different compilers and many different databases and each one has its own
set of advantages and disadvantages.
Therefore, why limit yourself to just one database simply because they happen to have an
on-line count system. Let us do the work for you. Our representatives have years of
experience they will use to help you in your list selections. All you have to do is send
a quick email, fax, or call us and we will research and run counts on different databases
to provide you with the best count on the best database for that particular request.
FTC staff does not contemplate enforcing the National Do Not Call Registry provisions against
individuals who make a sales calls out of their own homes to personal friends, family members,
or small numbers of personal referrals. In fact, most of the calls made by such small direct
sellers probably would be local or "intrastate" calls, and therefore not covered by the TSR.
The TSR applies to telemarketing campaigns that involve more than one interstate call.
Nevertheless, small home-based direct sellers should be aware that the Do Not Call regulations of
the Federal Communications Commission (FCC) cover intrastate calls. The FCC regulations exempt
"personal relationship" calls - where the party called is a family member, friend, or acquaintance
of the telemarketer making the call.
As a matter of good will, small direct sellers may want to avoid contacting a person whose number
is on the Registry. The National Do Not Call Registry has a free, single number lookup feature to
enable small direct sellers to verify whether an individual number is in the Registry database.
What does "error" mean? If a seller or telemarketer has and implements written Do Not Call procedures,
it will not be liable for a Rule violation if a subsequent call is the result of error.
But it may be subject to an enforcement investigation, which would focus on the effectiveness of the
procedures in place, how they are implemented, and if all personnel are trained in Do Not Call procedures.
If there is a high incidence of "errors," it may be determined that the procedures are inadequate
to comply with the Rule's Do Not Call requirements, the safe harbor is not fulfilled, and the calls
violate the Rule. On the other hand, if there is a low incidence of "errors," there may not be a
Rule violation. The determination of whether an excusable "error" occurs is based on the facts of
each case. A safe rule of thumb to ensure that adequate Do Not Call procedures are implemented
is to test periodically for quality control and effectiveness
