If you're planning on making telemarketing calls to cell phones, don't. It's illegal. The DNC list laws state that calling a cell phone with an automatic dialer is off-limits-and if telemarketing is a major part of your advertising efforts, chances are you use automatic dialers. If you're outsourcing your calling to a telemarketing firm, they are almost definitely using automatic dialers-they can't contact cell phones under DNC list law either.
The DNC list does not maintain a Do Not Call registry specifically for cell phones. However, consumers are allowed to enter a cell phone number into the DNC list, to protect their phones from the loopholes in the DNC list. If your business relies on sales calls, it's a good idea to know about these loopholes in the DNC list.
The automated dialer specification. The DNC list laws state that it's illegal to call cell phones with automated dialers. This prohibits most telemarketing firms from calling cell phones under DNC list law. But if you run a small business and want to make sales calls on an individual basis, the situation may be different under DNC list law. If you're not calling with an automated dialer-and the numbers you are calling are not on the DNC list-your calls may be allowed under DNC list law.
The "Existing Business Relationship" clause. If you have an existing business relationship with a customer who has given you their cell phone number, you should be allowed to call under DNC list rules. An existing business relationship is defined in DNC list law as someone who has bought, rented, or leased from your company within the last 18 months-or made an inquiry within the last three.
Business phones are fair game. Business phone numbers are not included in the DNC list-and thus are still accessible to telemarketers. Theoretically, this includes business cell phone numbers according to the DNC list.
Even though there are loopholes in the DNC list law, it's inadvisable to cold-call on cell phones. If you're calling someone's cell phone, you'd better convince them that this call is worth the minutes you're costing them-or else.
Most consumers know that it's illegal for telemarketers to call cell phones under DNC list law, but don't realize that this applies to automatic dialers-so even if you've not technically broken the rules, you could find your company reported to the FCC for violating DNC list law. Calls are more well-received when you have an established business relationship with a customer, they've given you their cell number, and you frame your call as a personal favor.
If you're a small business making a few hundred calls a day rather than a telemarketing firm making thousands, chances are you have the time to research their home lines. It will save bad feelings, regardless of DNC list law.
Important disclaimer: We're not lawyers. If your marketing efforts include cell phone numbers, it's advisable to check with an attorney to make sure you're in compliance with all DNC list regulations.
Read more Cellular Do Not Call list info..
