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Telemarketing Laws B2B (business to Business)

Discussion in 'Legal Issues' started by tdd1984, Aug 20, 2008.

  1. #1
    I'm not sure if there is any one in famaliar with the telemarketing laws, but is it against the law to freely call business through telemarketing? I know it is to call homes of course, but is it against the law to telemarket business freely?

    I was told it was legit as long as they are a registered business, but there again how can you find out if it an actual registered business or not? I would suppose if they got their number listed on a website it would be a business phone, but is there anything that we should be aware of when telemarketing b2b?

    We will be consulting with our attorney next week on this, but I figured I'd get some advice from you guy's too. Possibly someone here is very famaliar with telemarketing laws?
    SEMrush
     
    tdd1984, Aug 20, 2008 IP
    SEMrush
  2. DeenaEsq

    DeenaEsq Peon

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    #2
    It depends on where they're located. Some states restrict calls to businesses as well as consumers. Here's a rundown of all the telemarketing laws across the US...

    See here: http://www3.dncsolution.com/marketing/reginfo/reginfo21.asp

    Hope that helps...

    Deena
    _______________________________________________________________________

    Any opinions are offered without knowledge of the specific law of your jurisdiction and with only the limited information provided in your post. No advice given here should be reasonably relied upon by you or any third party without consulting an attorney who is aware of all of the facts and law surrounding your situation. Any advice given here is not intended to create an attorney-client relationship in any way.
     
    DeenaEsq, Aug 21, 2008 IP
  3. tdd1984

    tdd1984 Well-Known Member

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    #3
    I had a contact from awhile back and he is actually CEO of a telemarketing company that is doing around excessive 6 digits per month in revenue. He told me that business are not applicable to do not call list and anyone can call business freely, but if they ask to be removed from the list you must remove them.

    I am going to check this out though this link you sent me :).

    ARe you a telemarketer or something?
     
    tdd1984, Aug 21, 2008 IP
  4. DeenaEsq

    DeenaEsq Peon

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    #4
    Nope. I'm a lawyer who has spent a lot of time working with telemarketers... I'm sorry to tell you, but your contact has incorrect information...

    Deena
    _____________________________________________________________________________

    Any opinions are offered without knowledge of the specific law of your jurisdiction and with only the limited information provided in your post. No advice given here should be reasonably relied upon by you or any third party without consulting an attorney who is aware of all of the facts and law surrounding your situation. Any advice given here is not intended to create an attorney-client relationship in any way.
     
    DeenaEsq, Aug 21, 2008 IP
  5. tdd1984

    tdd1984 Well-Known Member

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    #5
    Deena,

    Ok, so your telling me that state to state varies?

    From my understandings the Do Not Call List does not apply to business to business telemarketing. I was even told that directly by the FTC.I'm confused on what your trying to state though? Also when I said he said you can call business freely I was referring to you don't have to check to the Do Not Call list because that is only applicable to residents and not business.

    Also what states restrict calling? I don't see any state on there that restrict telemarketers calling. I see different regulations, but I don't see anything related to them now being aloud to call? The only thing that restricts them from not be able to call is having felony that's related to phone fraud, and etc. And a few other regulations. Nothing stated they are not aloud to call though.
     
    tdd1984, Aug 21, 2008 IP
  6. DeenaEsq

    DeenaEsq Peon

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    #6
    I am telling you that the law varies from state to state. You are correct, under federal law (which is administered by the FTC) you don't have to pay any attention to the federal do not call list if you're calling businesses.

    Your original question asked if there was any restriction placed on B2B telemarketing. There is. Depending on what state you're calling in, there are different regulations regarding B2B calling. My point is that although I don't think any of them prohibit it outright (I usually deal with people who call consumers rather than businesses, so I can't be 100% positive), but you need to make sure that you've checked each state's laws thoroughly and that you're sure you're in compliance with each state's regulations.

    Also, I didn't make the list that I sent to you, so I wouldn't rely only on that list. If I were your attorney, which I'm not, I'd tell you (or make sure that I made sure) to check each state's laws on the topic before jumping in. It's an expensive lesson to learn if you're in violation. States are VERY tempermental about telemarketing, so please be careful.

    Deena
    __________________________________________________________________________

    Any opinions are offered without knowledge of the specific law of your jurisdiction and with only the limited information provided in your post. No advice given here should be reasonably relied upon by you or any third party without consulting an attorney who is aware of all of the facts and law surrounding your situation. Any advice given here is not intended to create an attorney-client relationship in any way.
     
    DeenaEsq, Aug 21, 2008 IP
  7. tdd1984

    tdd1984 Well-Known Member

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    #7
    Deena,

    Yes I agree :).


    Just curious what companies do you work with and how much do you charge? Our current attorney is getting ready to be judge here in our county he good of course, but he don't do a lot of online stuff. I am needing someone that can write contracts, consult with us, and etc.

    I'm just quite hesitate about who we hire because not every attorney is good they might know the laws, but they just can't seem to do anything right if you know what I'm talking about. Then there is some attorney's that just know how to kick ass and make sure everything run legit and that's my main purpose is to make sure everything is fully compliant like you mentioned.
     
    tdd1984, Aug 21, 2008 IP
  8. DeenaEsq

    DeenaEsq Peon

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    #8
    I can't tell you which companies I work with, since that's covered by attorney-client privilege (though you can check out my recommendations from clients on my Linked In page. I think I emailed with you about fees, but if I'm wrong, you can drop me a PM or an email to discuss fees for different projects.

    Deena
     
    DeenaEsq, Aug 22, 2008 IP
  9. Jmn187

    Jmn187 Peon

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    #9
    I thought it was legit as long as they are a business. But I've wondered this same thing as well. I think it is different from state to state.
     
    Jmn187, Aug 22, 2008 IP
  10. esallen

    esallen Peon

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    #10
    check these out: (lots of good answers/info about this!) telemarketinglicenses.com telemarketinglawfirm.com telemarketinglawyer.com telemarketingcompliance.com telemarketingfines.com telemarketingbonds.com telemarketingattorney.com
     
    esallen, Sep 20, 2012 IP