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Archive for Telemarketing Law

Business To Business Telemarketing Fraud

By Gene Gerwin · Comments (1)
Tuesday, November 3rd, 2009

Let’s face it; telemarketing has a bad name. Every time it makes inroads to respectability in the business-to-business world, another headline hits the wires about some shyster bilking consumers for millions of dollars with a business-to-consumer telemarketing scam.

Whenever I explain to someone what I do, I always make sure to highlight the business-to-business aspect- differentiating myself from “those guys that call you at dinner time.” It’s as if I’m obligated to defend myself from the get-go.

That’s why I take it personally when fraudsters manage to ply their trade in my domain. Two days ago some telemarketing outfit out of Philadelphia was convicted of ripping off nearly 400,000 businesses to the tune of $75,000,000. What boggles the mind is that their scheme was allowed to operate for a full three years before the authorities stepped in.

Well, maybe I shouldn’t be too surprised. I mean, look at what Bernie Madoff got away with. Grease the right palms and you can get away with almost anything- but, not indefinitely. As the saying goes, “you can fool some of the people all the time, all the people some of the time, but not all the people all the time.”

About six years ago, I accepted a project from an entirely legitimate seeming company. I quickly discovered something was amiss when my team followed up with customers we had sold our client’s products to. I terminated the lucrative contract with my client when he wasn’t able to address my concerns satisfactorily.

After alerting the authorities, I contacted all the major publications with whom my client took out full page advertisements. Nothing happened. The publications continued to accept business from this company; the authorities ignored the situation.

Two years later, I stumbled on a news article indicating they had finally been shut down.

Comments (1)
Categories : Telemarketing Law

B2B Telemarketing Scripts VS B2C

By Gene Gerwin · Comments (0)
Monday, September 14th, 2009

In business-to-business telemarketing script writing, an often-used tactic is to use a survey as a means to gather qualifying information for follow-up marketing efforts. Sometimes, the transition from survey to lead generation takes place in the same call.

However, if you work in the business-to-consumer marketplace, beware the federal Telemarketing Sales Rule. One of the stipulations is that any sales call must be identified as such. If you switch from conducting a survey to pitching your product or service, you could face $16,000 in fines for each violation.

You can download the FTC legal document here: http://www.ftc.gov/os/2003/01/tsrfrn.pdf

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Categories : Telemarketing Law
Tags : Telemarketing Law

Telemarketing From Florida? That's A Jailing

By Gene Gerwin · Comments (1)
Tuesday, September 8th, 2009

Florida is getting serious about enforcing the Florida Telemarketing Act. If do your business-to-consumer calling from Florida and do not have the proper licensing, you could face hefty fines and jail time.

Joo Yin Han, 36, of Maitland is the latest telemarketing business owner to experience Florida jailhouse hospitality. Details here: http://www.myfoxorlando.com/dpp/money/090309_Telemarketer_arrested

The law applies to anyone, not just the business owner. So, if you are a work-from-home telemarketing professional and you live in Florida, you owe it to yourself to acquaint yourself with the licensing requirements. You can get more information here: http://www.doacs.state.fl.us/onestop/cs/telemarket.html

From the Florida Department of Agriculture and Consumer Services website:

“The law requires businesses that solicit the sale of consumer goods or services to be licensed, to post some form of security, and that their salespersons be licensed. It also requires the solicitor to identify him or herself by true first and last name and the name of the business on whose behalf he or she is calling. It requires a written contract that matches the description of the goods or services offered in the telephone solicitation, contains the name, address, telephone number and license number of the seller, and states the buyers right to cancel immediately preceding the signature. The written contract is not required if the consumer is given a full refund for the return of undamaged and unused goods or a cancellation of services within 7 days of receipt of the goods or a cancellation of the services and the seller processes the refund within 30 days after receipt of the returned merchandise by the consumer.”

Comments (1)
Categories : Telemarketing Law, Telemarketing Management, Work At Home
Tags : Telemarketing Law



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