| Voice Broadcasting can be such a great | | | | answering machines and have agents talk with |
| technology for so many applications. It has been a | | | | consumers when they pick up, the rules on |
| popular and growing tool now for many years and | | | | “Abandonment” are still in place. The TSR |
| for good reason. Imagine being able to deliver a | | | | limits telemarketers' use of recorded messages |
| message to large numbers of people without | | | | by requiring that calls answered by a person be |
| having to pay the cost of tele agents, and having | | | | connected to a live representative within two |
| the ability of sending one message to a live pick | | | | seconds. This restriction on "abandoning calls" by |
| up vs. a different message to an answering | | | | hanging up or playing a recording when someone |
| machine. Add to this the marrying of interactive | | | | answers applies to telemarketing calls to solicit |
| voice technology where a recipient is able to | | | | sales of goods or services, and to calls from |
| press a number key and be transferred to a live | | | | for-profit telemarketers soliciting charitable |
| agent, or place an order for a product or service. | | | | contributions |
| It is the ultimate technology in terms of cost | | | | According to Gomberg, the 11 basic rules of Voice |
| efficiencies and flexibility for marketers, political | | | | broadcasting are: |
| consultants, municipalities, collection organizations, | | | | 1. Consumer must give prior consent, or |
| and many other entities. | | | | 2. Existing Business relationship, or |
| But powerful tools in the hands of fools create a | | | | 3. Tax exempt organizations |
| great deal of danger. See Bob Tuttle and Mark | | | | 4. Do Not Call List regulations apply when Voice |
| Edwards for details. Their firm "The Broadcast | | | | broadcast is permissible |
| Team" (aka TBT) was recently fined $1,000,000 | | | | 5. Customer may request addition to your |
| by the FTC and the Department of Justice for | | | | company Do Not Call List |
| violations Telemarketing Sales Rule (TSR) in the | | | | 6. Existing Business relationship expires 18 months |
| course of using "voice broadcasting" to call millions | | | | after a purchase or 90 days after an inquiry or |
| of U.S. consumers using automated dialers and | | | | application |
| prerecorded messages. | | | | 7. Allowable to use this application for: Collections, |
| The Federal Trade Commission today announced | | | | Mortgage Refinance with an EBR |
| that Tuttle and Edwards firm was charged with | | | | 8. Allowable for Non Profits and telemarketing |
| making tens of millions of illegal automated | | | | companies working on behalf of non profits, and |
| telemarketing calls and they have agreed to pay | | | | Charities seeking donations |
| a $1 million civil penalty under a settlement | | | | 9. Allowable for Political campaigns, Initiatives |
| reached with the agency and the U.S. Department | | | | 10. Some States have outlawed Voice dialers: |
| of Justice. They had violated the Telemarketing | | | | Freedom Telework cannot advise on these |
| Sales Rule (TSR) in the course of using "voice | | | | matters, it is up to clients to check with legal |
| broadcasting" to call millions of U.S. consumers | | | | counsel. |
| using automated dialers and prerecorded | | | | 11. Informational broadcasts and free offers are |
| messages. | | | | prohibited unless the organization is otherwise |
| A federal district court action brought by DOJ on | | | | allowed to broadcast |
| behalf of the Commission alleges that the | | | | In the broadcast team case, The FTC's |
| Florida-based telemarketer's automated phone | | | | Telemarketing Sales Rule (TSR) was violated in |
| dialing service called and then illegally hung up on | | | | the course of using "voice broadcasting" to call |
| more than 64 million people – and called more | | | | millions of U.S. consumers using automated dialers |
| than a million numbers that were listed on the | | | | and prerecorded messages. Many of the numbers |
| National Do Not Call (DNC) Registry. Lloyd | | | | TBT called were on the DNC Registry, making the |
| Gomberg, Senior Vice President of Freedom | | | | calls themselves unlawful. The FTC also charged |
| telework Inc. said “The law is very clear- | | | | that TBT failed to pay for access to the DNC |
| Even when Voice broadcasting is legally | | | | Registry's numbers in numerous instances. TBT |
| permissible the calling list still must be scrubbed | | | | had argued that the TSR did not apply to its |
| against the FTC and various States Do Not Call | | | | delivery of prerecorded messages and should not |
| Lists.” | | | | apply to its plans to use prerecorded messages |
| Gomberg further noted that Freedom Telework | | | | to solicit funds on behalf of a charity. But in a |
| Voice broadcast customers are also advised that | | | | related case pending in the same court, U.S. |
| it is unlawful to send audio messages to any | | | | District Court Judge Anne Conway rejected TBT's |
| emergency phone lines. For example, 911 | | | | legal arguments last April. The court ruled that |
| numbers, hospital medical service lines, physicians, | | | | TBT is a required to comply with the TSR, and |
| health care facilities, poison control centers, fire or | | | | that exempting TBT from the TSR's |
| law enforcement agencies. Another basic rule | | | | requirements would frustrate the FTC "in |
| according to Gomberg: Do not send unsolicited | | | | achieving its goal of protecting the residential |
| audio messages to those who will incur charges. | | | | privacy of consumers." |
| For example: beepers, pagers or cell phones | | | | Gomberg said “ This technology is powerful |
| unless you have permission. | | | | and incisive- just make sure that you consult an |
| Gomberg pointed out that when Voice | | | | attorney and know that you are on firm legal |
| broadcasting is used in a live application where the | | | | ground before proceeding with a campaign. |
| intent is to play the voice recording only to | | | | |