Telemarketing – Avoid Unsolicited and Illegal Phone Calls & Faxes

By Kerry Kennell

The Australian Telecommunications and Media Authority (the ACMA) is the body responsible for the regulation of broadcasting, internet communications radio communications, and telecommunications. The ACMA is responsible for monitoring the Do Not Call Register Act 2006 and ensuring the legislation is
responsive to community needs.

The Do Not Call Register places restrictions on telemarketing and can reduce the number of telemarketing calls received by an individual or organisation.

The Do Not Call Register is required by law and the Telemarketing and Research Calls Industry Standard 2007 and the Fax Marketing Industry Standard
2011 set out the rules. The register is a secure database where eligible landline numbers, mobile phone numbers and business or domestic fax numbers
are listed. Once a number is listed, the Act makes it illegal for nonexempt Australian or overseas telemarketers or fax marketers to contact a number listed on the register.

Telemarketing is the act of contacting a consumer via telephone to offer, sell, advertise or promote goods or services. It is important to note that registering your number may not entirely stop all telemarketing because, certain public interest organisations (such as charities) are exempt and may
still call a number listed on the register.

Your number will be eligible for registration if:

• the primary use of the number is private;
• the number is used exclusively for transmitting or receiving faxes; or
• if the number is for use by a government body.

Business telephone numbers are generally not eligible. You can register your number by going to www.donotcall.gov.au.

Registration may take up to 30 days to take effect and last for a period of 6 years, and you must re-register as it is not automatic.

How can a business avoid conducting unsolicited or illegal telemarketing?
As a business you are permitted to make calls about product recall, fault rectification, appointment rescheduling, appointment reminder, calls relating to payments, solicited calls (calls with consent), and calls not answered by the person to whom the call is made.

The Act and the industry standards set out the rules for telemarketing and fax marketing, including (but not limited to) the requirement:-

• to check the telephone numbers on your calling list against the telephone numbers on the Do Not Call Register;
• the hours during which telemarketing may be made;
• the information that telemarketers must provide to the people they call; and
• the circumstances in which telemarketers must terminate calls.

Business owners and operators should take notice that, irrespective of the nature of your business, if you cause a
telemarketing call to be made you
are responsible for compliance
with the Act.
A person or business that makes,
or causes a telemarketing call or
fax to be made or sent to an
Australian number listed on the
register, may breach the Act or
may face pecuniary penalties.
To ensure that your business
processes and marketing
contracts are compliant with
the Act contact Macrossan &
Amiet Solicitors