Am I missing something about the DNC laws?

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Feb 14, 2009 3:04 pm

I'm registered in PA and when I read the state DNC rules they exclude the following two businesses/people from who they consider 'telemarketers'.  Does this open the door to getting around the DNC list?



 
(1) A person or business soliciting without the intent to complete and who<?: prefix = o ns = "urn:schemas-microsoft-com:office:office" />

does not complete the sales presentation during the telephone


solicitation, but completes the sales presentation at a later face-to-face


meeting between the solicitor and the prospective purchaser, or who


offers to send the purchaser descriptive literature and does not require


payment prior to the purchaser’s review of the descriptive literature.


However, if a seller, directly following a telephone solicitation, causes an


individual whose primary purpose it is to go to the prospective purchaser to collect the payment, this exemption does

not apply.
 
and
 

(2)  A person or business engaged in a business or occupation which is

licensed by, certified by or registered with a Federal or Commonwealth


agency while acting within the scope of the business for which licensure,


certification or registration is required.
 
Thanks!
 
 
Feb 15, 2009 9:18 am

Interesting question. I would suggest asking your B/D compliance. But I am guessing you will get the "conservative" answer.

Feb 15, 2009 9:27 am

Actually, I just looked at the National DNC site, and their rules are more strict. So I think the only time the state rule overrideds the Federal rule is if the state rule is more strict.

Feb 15, 2009 10:47 am

That's interesting to say the least.. I might have to call my compliance team and check on tuesday..

Feb 15, 2009 10:48 am

B24 is correct. FC's are NOT exempt from the DNC list in any state. I would also add that if you are prospecting via cold-calling and you've spent any time at all analyzing the DNC rules in any capacity, you have been engaged in "Avoidance Behavior". Check your calls against the current DNC list and get on the phone.

Feb 15, 2009 4:24 pm

Good point about the avoidance behavior.  I made sure to look it up after hours.  Last thing, I found is this blurb about state laws superceding national DNC rules.

 

Establishes a statewide database of individuals who #ff9999">do #ff66ff">not wish to receive solicitations. Consumers can sign up through their #ffff66">state consumer affairs or #ffff66">State Attorney General’s office.
The #ffff66">state laws supercede and can be more restrictive than the federal Telemarketing Sales Rule (For Businesses: www.ftc.gov/ftc/business.htm; For Consumers: www.ftc.gov/ftc/consumer.htm)
A #ffff66">state may be more restrictive by requiring identification of this purpose "immediately" or "prior to providing any other information," etc.
They may also impose greater penalties on violators, etc.
Feb 15, 2009 8:43 pm

Boone, I see what you're saying. Hoever, I am almost certain that state laws only supersede fed laws when they are MORE restrictive. I state cannot reduce the restrictive level of the federal law.

Feb 15, 2009 11:22 pm

B24,  What you say makes total sense.  I was hoping there was a loophole in my state law, but I'm thinking you're right. 

Feb 16, 2009 8:10 am

Boone, I would guess that the PA rules existed before the national DNC came into being.