[asterisk-biz] A DID question

[trixter aka Bret McDanel]

On Mon, 2006-06-26 at 12:52 -0400, Matthew Rubenstein wrote:
> 	Opting into automated calls to a (PSTN) phone# has quite a few legal
> restrictions and obligations. Where is a simple process for ensuring
> compliance, at least when calls are US-only, or even just originated or
> terminated in the US?
> 

are you joking?

Ok, the way it works in the US is there are federal laws (both FTC and
FCC), then you have state laws, which can add on top of the federal.
Some states like california state you must follow their laws and get a
permit (most telemarketers qualify) several days before your first call
(10 I think) and that requires a $100k bond on top of that.  Further you
must do this, according to the law, if either you call from or to
california.  I would love to see em enforce that against a call center
in india but meh that is what is written.

Its a legal quagmire, just knowing what the laws are gives you an
edge.  

Further the do not call list isnt free (generally, there are
exceptions), and its mandatory that you buy it (although it is illegal
for the government to collect data like that and then charge to
distribute it over the actual costs of duplicating it, I dont think the
bandwidth costs $15k/year per person downloading).  And its illegal
generally (although not entirely) to share this list.  But remember its
not a tax becuase that would have a whole new process to get approved,
this is a 'fee' which is different...

The FTC and FCC requires you to track abandoned calls (ie when no one
picks up in a certain amount of time) and ensure that you never exceed a
certain percentage.  

blah blah blah the list goes on.  If you are asking here, I STRONGLY
suggest that you get a lawyer versed in this, because its a LOT of
research that has to be done to ensure that you have all the permits,
bonds, etc.

Now *MOST* of this goes away if you have a prior business relationship.
So if its truely an opt-in list, generally you dont have to do anything,
just call.

And yes I am trying to discourage people from calling unsolicited :)


-- 
Trixter http://www.0xdecafbad.com     Bret McDanel
Belfast IE +44 28 9099 6461    DE +49 801 777 555 3402
Utrecht NL +31 306 553058      US WA +1 360 207 0479
US NY +1 516 687 5200          FreeWorldDialup: 635378
http://www.trxtel.com the VoIP provider that pays you!
-------------- next part --------------
A non-text attachment was scrubbed...
Name: not available
Type: application/pgp-signature
Size: 189 bytes
Desc: This is a digitally signed message part
Url : http://lists.digium.com/pipermail/asterisk-biz/attachments/20060626/7795d0ce/attachment.pgp