Consumer FAQ supplement
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Consumer FAQ supplement

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Consumer FAQ supplement Consumer FAQ supplement Document Transcript

  • Do Not Call Register Act 2006 Compliance guide – Consumer FAQ supplement Do Not Call Register Act 2006 Compliance guide Frequently asked consumer questions -1-
  • Do Not Call Register Act 2006 Compliance guide – Consumer FAQ supplement Frequently asked consumer questions This FAQ document is provided to assist telemarketers to train their call operators to respond to consumer enquiries about the Do Not Call Register. You should read the FAQ document in conjunction with all elements of the compliance guide that are relevant to your business, in particular: • Chapter 6 ‘Training your staff’ • Chapter 7 ‘Internal complaints’. Please note: If a consumer’s response to a telemarketing call indicates that they do not wish to receive further calls, in addition to responding to the consumer’s questions you should offer them the option of being added to your internal ‘opt out’ list (see Chapter 5 of the compliance guide ‘Internal “opt out” lists’). This document suggests brief, to-the-point responses to common questions about the Do Not Call Register that telemarketers may receive from consumers. It should not be relied upon by telemarketers to deal with all consumer questions. Telemarketers are encouraged to build upon and adapt this document to create their own comprehensive consumer FAQ material tailored to their particular circumstances. The ACMA welcomes comment on this document, such as suggestions for additional questions or the clarification of existing text. Please direct comments to DNCInvestigations@acma.gov.au. -2-
  • Do Not Call Register Act 2006 Compliance guide – Consumer FAQ supplement 1 Why have you called me when my number is listed on the Do Not Call Register? For telemarketers making calls on the basis of consent Telemarketing calls may be made to a number listed on the register if the holder of the number, or their nominee, has consented to the making of the call. Such consent may be either express, or inferred. • Express consent is where a person clearly indicates to a telemarketer that they are happy to receive calls from that business (Where applicable, telemarketers should explain to consumers why they believe express consent existed in a particular case – for example, “you completed a competition entry form which gave us your consent to receive telemarketing calls from us”). • Inferred consent is where a telemarketer has reason to believe that a person is willing to receive a call based on the person’s conduct and the relationship between the person and the telemarketer. (Where applicable, telemarketers should explain to consumers why they believed that the consumer’s consent could reasonably be inferred in a particular case – for example, “because you have an existing telephone account with us, we are allowed to contact you about our products and services”). For telemarketers making calls for an exempt organisation Certain types of telemarketing calls may be made to numbers listed on the register if the calls have been authorised by certain exempt organisations operating in the public interest. The exemption arrangements enable such organisations to continue to carry out work of value to the community. Exempt organisations include: • government bodies • religious organisations • charities • political parties, independent members of parliament and candidates • educational institutions. -3-
  • Do Not Call Register Act 2006 Compliance guide – Consumer FAQ supplement For telemarketers making calls for market or social research purposes Calls made solely to conduct a survey do not fall within the definition of a ‘telemarketing call’ contained in the Do Not Call Register legislation. Such calls are therefore not subject to the requirements of the legislation, and may be made to numbers listed on the register. Where neither consent, nor any other exception, applied Were you aware that it may take up to 30 days from the date your number was registered for your registration to have effect? When did you register your number? • If more than 30 days ago: I apologise for the call, and will add your number to our internal opt out list straight away to make sure that we do not call this number again. I will also arrange for this matter to be investigated internally to make sure that we do not inappropriately call numbers that are listed on the Do Not Call Register. • If less than 30 days ago: The Do Not Call Register legislation provides for telemarketers to check their calling lists against the register every 30 days. This means that it may take telemarketers up to 30 days to identify new numbers as they are added to the register, and then stop calling them. . -4-
  • Do Not Call Register Act 2006 Compliance guide – Consumer FAQ supplement 2 I am trying to run a business and do not wish to receive telemarketing calls Numbers eligible to be listed on the Do Not Call Register Only numbers that are used primarily for private or domestic purposes are eligible to be listed on the register. Numbers that do not meet this criterion (for example, numbers that are used exclusively for business purposes) are not eligible to be registered, and may therefore be called. In May 2009, the government announced its intention to expand the Do Not Call Register to allow all types of numbers (including all business numbers) to be registered. The new arrangements will take effect after relevant legislation has been approved by Parliament. A formal public announcement will be made at that time. -5-
  • Do Not Call Register Act 2006 Compliance guide – Consumer FAQ supplement 3 I am unhappy about being called on my registered number and would like to make a complaint Internal complaints I would be happy to accept and respond to your complaint in accordance with my company’s complaints-handling policies and procedures. Where the consumer wishes to make a complaint to the regulator Consumers may make complaints to the government regulator responsible for overseeing compliance with the Do Not Call Register. Such complaints should be directed to the Do Not Call Register operator • online, at www.donotcall.gov.au • by telephone, on 1300 792 958. -6-
  • Do Not Call Register Act 2006 Compliance guide – Consumer FAQ supplement 4 General enquiries about the Do Not Call Register What is the Do Not Call Register? The Do Not Call Register is a national register where individuals can list their telephone numbers to opt out from receiving certain telemarketing calls. The register relates to telephone calls only and does not relate to mail, email or facsimiles. Generally, it is against the law to make unsolicited telemarketing calls to a number listed on the register—although this is subject to some exceptions. (The main exceptions are addressed under Question 1, above.) Who is eligible to register? Only the account holder for the telephone number (or a person he or she has nominated in writing) can apply to register the number. Only Australian telephone numbers that are used primarily for private or domestic purposes, and which are not maintained exclusively for facsimile purposes, are eligible to be registered. In May 2009, the government announced its intention to expand the Do Not Call Register to allow all types of numbers (including all business numbers) to be registered. The new arrangements will take effect after relevant legislation has been approved by Parliament. A formal public announcement will be made at that time. Is registration free? How long does registration last? Registration is free, and lasts for three years. How can I register my number? You can register your number through the Do Not Call Register operator: • online, at www.donotcall.gov.au • by telephone, on 1300 792 958 • by post, using an application form available through the link above. -7-
  • Do Not Call Register Act 2006 Compliance guide – Consumer FAQ supplement 5 How can I access more information or register my number? Information and registrations Consumers can access detailed information about the Do Not Call Register, and register their numbers, through the register operator: • online, at www.donotcall.gov.au • by telephone, on 1300 792 958. You can also register your number by post, using an application form available through the link above. -8-