California Telemarketing Law

Telemarketers sometimes use deceptive marketing tactics.

Telemarketers are representatives of companies who sell merchandise or services over the telephone. They usually gather data on existing and targeted consumers to persuade them to purchase items or services. Many companies now subcontract call centers to do that job for them. But because of aggressive tactics, deception, and sometimes even fraud, federal and state authorities now subject telemarketers to rules and regulations that govern the industry.

Telemarketing List in California

Federal and state laws have established curfews and do-not-call lists. Californians who do not want to receive unsolicited calls from telemarketers are encouraged to remove their names from the telemarketing list through the Federal Trade Commission (FTC) by registering with the do-not-call list on the commission's website: www.donotcall.gov, or by calling 1-888-382-1222.

Federal Law

Telemarketers are regulated at the federal level by two statutes, namely the Telephone Consumer Protection Act of 1991 (TCPA) and the Telemarketing Sales Rule. The laws are enforced by the Federal Trade Commission (FTC) which administers the federal not-to-call list and the Federal Communication Commission (FCC). When you register with either the state or federal registry, there is a limit on the number of telephone calls you can receive from telemarketers.

Telemarketing Rules

If you receive a telephone call it is up to you whether to listen or hangup. But If you decide to listen to the telemarketer, he is supposed to inform you that it is a sales call before pitching anything. That should be followed by the name of the caller, the company he represents, and the merchandise or service he is selling. The telemarketer must be truthful and accurate in his presentation before he tries to persuade you into making payment.

Payment

Terms and conditions of the sale must be disclosed before payment is made. The salesperson must explain any restrictions and risks associated with the sale and item, or service, such as when the transaction is finally concluded, or whether there is a refund. For any type of lottery, the odds of winning and the prize must be disclosed.

If you make payment and the seller goes out of business before you receive the product, you should inform your credit card company. The credit card company will investigate, and if possible correct the billing error.

'Remove Me From Your List'

For the limited calls you will receive after putting your name on the do-not-call list, you have the right to ask the caller to remove you from his company's list. If a representative of the same company calls you again, he is in violation of the law.

Telemarketers are also required to transmit their caller identity information when calling. They are also required to keep specific business information for a minimum period of two years.

References

• FCC: Unwanted Telephone Marketing Calls
• California Office of Privacy Protection: Financial Privacy
• FTC: Complying With the Telemarketing Sales Rule

Resources

• California Department of Consumer Affairs: Basic Facts About Telemarketing