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Consent form for telemarketing calls inside

November 23, 2010

Home telephones have rung a lot less since the National Do Not Call Registry took effect earlier this month, but telemarketers know there are three exceptions to the rule that permit them to continue to call consumers-even those whose phone numbers are registered. Telemarketers must themselves register online with the FTC's National Do Not Call Registry at https:// The site offers all calling parameters, such as the permitted hours to call a consumer. Telemarketers may obtain registered telephone numbers in five area codes free. There is a charge to obtain additional area codes. Telemarketers must check the Registry at least once every three months to ensure they do not call consumers who have registered their telephone numbers. However, consumers who have registered still may be called under three instances: (1) The consumer has made a purchase from the dealership in the past 18 months; (2) The consumer has made an inquiry to the dealership in the past 30 days; or (3) the consumer has provided written consent-in advance of any call-to permit such calling. Any consent form, according to the FTC, must be clear and conspicuous as to its intent. Refer to the flyer in this newsletter for a template that dealers may use to obtain written permission. All dealers must have a method to make certain they do not call customers beyond the time frames described above. Also, requests not to be called, even during the time frames, must be honored. Noncompliance penalties can reach $11,000 per call after it is determined the number should not be called.