TELEMARKETING and the DO NOT CALL REGISTER
WHAT IS TELEMARKETING?
Telemarketing is an unsolicited voice call placed for the commercial purpose of offering to supply, advertise or promote goods or services, an interest in land, or a business or investment opportunity.
As an AMWAY Independent Business Owner (‘IBO’) you should be aware that placing a call to a prospect or prospective client where you have no existing relationship is considered telemarketing.
WHAT HOURS AM I PERMITTED TO CALL POTENTIAL PROSPECTS AND CLIENTS?
Under the Telemarketing and Research Industry Standard 2007 a telemarketer can only call between specified times. At law, failure to adhere to these times may result in severe penalties.
Calls cannot be made at all on public holidays or Sundays, outside the hours of 9:00am – 8:00pm on weekdays, and outside the hours of 9:00am – 5:00pm on Saturdays.
For more information, please visit the Industry Australian Communications and Media Authority website at www.acma.gov.au/Industry/Marketers.
IS INTRODUCING THE AMWAY BUSINESS OPPORTUNITY TO A POTENTIAL PROSPECT OVER THE PHONE CONSIDERED TELEMARKETING?
Yes. Under the Do Not Call Register Act 2006 (Cth) (‘the Act’) a phone call or fax offering any sort of business opportunity is considered telemarketing.
Placing a call where you have already established permission with the intended prospect to discuss the business opportunity is not considered telemarketing.
IS REQUESTING THE POTENTIAL PROSPECT OR CLIENT TO ATTEND AN AMWAY RELATED INFORMATION SEMINAR CONSIDERED TELEMARKETING?
Yes. Any call placed to a potential prospect or client that they attend an Amway or an affiliated related meeting is considered telemarketing.
Placing a call where you have already established permission with the intended prospect or client to discuss an invitation to an Amway related seminar is not considered telemarketing.
IS OFFERING THE SALE OF AMWAY PRODUCTS TO PROSPECTIVE CLIENTS CONSIDERED TELEMARKETING?
Again, yes. Any phone call or fax sent offering the sale of a good or service to a prospective client is considered telemarketing.
Placing a call where you have already established permission to discuss with the intended client the retail of Amway products is not considered telemarketing.
WHAT IS THE DO NOT CALL REGISTER?
The Do Not Call Register allows a person to register their telephone and/or fax number if they do not wish to receive unsolicited telemarketing calls or faxes. Some Australian emergency services and Government telephone numbers can also register their numbers. The Register was established by the Australian Government under the Do Not Call Register Act 2006.
As an IBO, you should be aware that unless you have the express consent of the person you wish to contact, or inferred consent based on an existing business relationship, calling or sending a fax to a number that has been placed on the Register is an offence. At law, severe penalties can apply for any breaches.
ARE THERE CERTAIN ORGANISATIONS OR PEOPLE STILL ALLOWED TO CONTACT NUMBERS PLACED ON THE REGISTER?
Yes, but please be aware that IBOs are not part of this exception. The exemption applies only to certain public interest organisations, such as registered charities, educational institutions and government bodies and candidates.
HOW DOES A PERSON REGISTER THEIR PHONE OR FAX NUMBER?
There are three ways to register a number.
- By registering the number online at www.donotcall.gov.au; or
- By telephone on 1300 792 958 or fax on 1300 793 514; or
- By mail by downloading an application form from the website and sending it the following address:
“Do Not Call Register”
PO Box 42
HOW DO I GAIN ACCESS THE REGISTER TO FIND IF MY PROSPECT HAS LISTED THEIR PHONE NUMBER?
You do not get direct access to the Register itself. Any numbers you wish to call or fax should be written into a list and submitted to the Do Not Call Register Operator for checking. The Operator checks the submitted numbers against the Register (known as ‘washing’) and returns the numbers submitted as either listed or not listed.
Anyone wanting to access the numbers will need to create an online ‘washing’ account and, depending on the volume of numbers you wish to access, pay an annual subscription fee. For example, if you request less than 500 numbers during the subscription period, the access is free of charge. A $79 subscription fee will let you check up to 20,000 numbers, and so on.
For more information on creating an account, please visit the Do Not Call Register website at www.donotcall.gov.au, or by telephone on 1300 785 749.
*DISCLAIMER: It is important that all IBOs understand that as Independent Contractors they have a direct responsibility for compliance with the laws relating to their interaction with members of the public. Please contact the Do Not Call Register Customer Information Line or the AMWAY Legal Department if you have any queries with regard to the application of the Do Not Call Register Legislation.
For more information visit the www.donotcall.gov.au website or call the Do Not Call Register Customer Information Line on 1300 785 749.