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Do
Not Call List
What’s
my liability if my company inadvertently calls a
number on the registry?
The
TSR has a “safe harbor” for inadvertent
mistakes. If a seller or telemarketer can show
that, as part of its routine business practice, it
meets all the requirements of the safe harbor, it
will not be subject to civil penalties or
sanctions for mistakenly calling a consumer who
has asked for no more calls, or for calling a
person on the registry. To meet the safe harbor
requirements, the seller or telemarketer must
demonstrate that:
-
it
has written procedures to comply with the do
not call requirements
-
it
trains its personnel in those procedures
-
it
monitors and enforces compliance with these
procedures
-
it
maintains a company-specific list of telephone
numbers that it may not call
-
it
accesses the national registry no more than 31
days (starting January 1, 2005) before calling
any consumer, and maintains records
documenting this process
-
any
call made in violation of the do not call
rules was the result of an error.
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