In Australia we have some of the strictest telemarketing laws in the world and we need to. I’m sure everyone who reads this blog has received a telemarketing call at some stage or another from someone in India, the Philippines or even South Africa.
Of all the laws and rules that impact telemarketing, I reckon there are 5 fundamental things that all consumers and businesses should know about the do’s and don’ts of telemarketing.
- What days and times are telemarketers allowed to call me? For telemarketing calls that are not research calls telemarketers can call Monday – Friday between 9am and 8pm, while on Saturdays they can call between 9am and 5pm. Telemarketers are not allowed to call you on Sundays or public holidays.
- What must a telemarketer tell me during a call? At a minimum a telemarketer must tell you as soon as the call starts his or her given name, the purpose of the call and if they calling on behalf of another business, the name of that business.
- Does a telemarketer have to display their number when they call? Under the Telemarketing and Research Calls Industry Standards all telemarketing and research calls must show caller line identification when they call or attempt to make a call.
- Why am I still getting calls now and I’m on the Do Not Call Register? If you’ve registered your number on the Do Not Call Register, you’re more than likely getting calls from businesses you have given your consent to. Consent can be either express or inferred. If it’s express, it will either be for 3 months (if no definite period has been agreed to) or for the amount of time stated when you gave your consent.
- What harm will come if I keep ringing people on the Do Not Call Register without their consent? Serious penalties can be imposed on any business that breaches either the Do Not Call Register Act or the Telemarketing Standards. If the Australian Communication and Media Authority receives complaints about a business making calls to consumers it will more than likely commence an investigation into those calls, and if calls are shown to have been made to consumers on the Do Not Call Register, it will be up to the telemarketing company to prove they had consent from the consumer, and were in compliance with the Telemarketing Standards.
Andrew Shields, Gold Coast Lawyer