These answers are not to be used as a substitute for legal counsel.

1. What are the Do Not Call laws and how do I know if they apply to my business?

   The federal government and many states have passed laws that place restrictions on calls made to residential phone numbers for the purpose of selling products or services. Two federal laws are involved: the Telephone Sales Rule (TSR), administered by the Federal Trade Commission (FTC), and the Telephone Consumer Protection Act (TCPA), administered by the Federal Communications Commission (FCC).

   Consumers may request to be placed on these state and/or federal Do Not Call lists. Phone numbers on the National Do Not Call Registry stay on the list for 5 years.

   Between the FTC and the FCC, nearly all industries that make outbound calls to consumers for the purpose of selling products or services must abide by these Do Not Call laws. There are some exemptions. See question #7 below for more details on these exemptions.

2. What does my company need to do to comply with the Do Not Call laws?
   Both telemarketers and sellers are responsible for complying with state and federal laws. The federal government specifically requires all sellers to purchase the National Do Not Call Registry. Both telemarketers and sellers are responsible for developing, enforcing and documenting their compliance efforts.

   The federal Do Not Call laws require that a seller or telemarketer must demonstrate that it performs the following as part of its routine business practices:

   • Establishes and implements written procedures to comply with Do Not Call laws
   • Trains its personnel in these procedures
   • Maintains a company-specific Do Not Call list
   • Scrubs its calling lists against its unique version of the national Do Not Call registry on the frequency required by federal law
   • Monitors and enforces compliance with its procedures
   
   
3. How does DNCQuickcheck help me comply with the Do Not Call laws?
   DNCQuickcheck meets all of the mandated requirements. These requirements go well beyond simply checking phone numbers. DNCQuickcheck has all the tools you need to ensure compliance.

   DNCQuickcheck provides state, federal, and internal list management and scrubbing capabilities, staff training on correct compliance procedures, a Policy Wizard to create and fulfill your company’s Do Not Call policy to consumers, and thorough documentation archiving and reporting tools. DNCQuickcheck is an easy-to-use and comprehensive Internet-based compliance tool.

4. How are PossibleNOW and its DNCQuickcheck service different from other vendors and their products?
   Many vendors offer products that seemingly solve the technology aspect of the Do Not Call compliance issue, but the real task is to find a company that can play the part of a complete compliance partner. You need to select a compliance partner that offers more than just technology.

   PossibleNOW is totally committed to the success of our customers, and it shows in our values, experience, initiative, and service. We’ve become the industry leader for Internet-based compliance solutions based on our core strengths:

   • Regulatory expertise
   • Innovative products
   • World-class infrastructure
   • Proven operating procedures
   • Responsive customer support
   
   Many of the biggest names in direct marketing, insurance, financial services, real estate, and call centers rely on PossibleNOW as their compliance partner. Call us at (800) 585-4888 or (770) 255-1020 to discuss how we can be your compliance partner, too.



5. Is DNCQuickcheck easy to use?
   Ease of use was an important factor in the design of DNCQuickcheck.

   Since DNCQuickcheck is an Internet-based service, you don’t have to worry about installing or maintaining any software, or purchasing new hardware. An Internet-based solution enables PossibleNOW to update DNCQuickcheck to keep pace with changing regulatory requirements without any disruption to our customers.

6. If I use DNCQuickcheck, do I still have to buy the federal (and/or state) Do Not Call lists?
   The costs for state lists vary by each state. On the national level, you must register with the FTC and purchase the portion of the National Do Not Call Registry for the area(s) into which you call. Please call us at (800) 585-4888 or (770) 255-1020 for more information regarding the state lists and the National Do Not Call registry.

7. Can I safely call my recent or existing customers?
   The answer depends on whether or not any of those customers’ phone numbers appear on any Do Not Call lists. The FTC and FCC have eliminated most meaningful exemptions except one — the Established Business Relationship (EBR) exemption. The federal government allows direct marketers to call consumers for up to 18 months following the last transaction, and 3 months from last inquiry. State laws regarding this exemption vary by each state.

   DNCQuickcheck lets you look up the EBR rule applicable to your state and, depending on the date of your last transaction, determine if you can safely call those customers whose phone numbers are registered on a Do Not Call list.

8. Can I call a referral even if that phone number is on a Do Not Call list?
   No. Calls to referrals are considered telemarketing calls and are regulated by state and federal Do Not Call laws.

9. Are calls to set up face-to-face meetings to discuss my product or service exempt from the Do Not Call laws?
   No. Any call to a Do Not Call number is considered a violation unless you have express written consent from the consumer being called or otherwise qualify for exemption.

10. How does DNCQuickcheck help my company in the event of an unwarranted citation?
    DNCQuickcheck archives all of your Do Not Call compliance activities so that you have a complete record of what you have done. You can access this data through DNCQuickcheck’s online reporting capability. This data can be used to mount a safe harbor defense in the event of an unwarranted citation.

    The federal government and most states also provide for human or system error. If an error occurs, a company must be able to demonstrate that it has done all of the following:

    1. Established and implemented written procedures to comply with the Do Not Call laws
    2. Trained its personnel in these procedures
    3. Correctly maintained a company-specific Do Not Call list
    4. Scrubs its calling lists against the National Do Not Call Registry on the required frequency and keeps records of these activities
    5. Monitors and enforces compliance with its procedures
    6. Made the violating call as a result of an error
    
    
11. Can DNCQuickcheck help me save money?
    The answer is an emphatic YES! Our solutions can also help you save time and effort.

    Failure to comply with state and/or federal Do Not Call laws carries fines and citations that can run into thousands of dollars. Multiply the potential for fines by the number of outbound sales calls you make and you can see that compliance is a serious matter.

    Also, many companies think they can save money by developing their own compliance solution. The development and IT costs can be staggering. PossibleNOW offers a proven solution that is used by hundreds of companies and tens of thousands of independent agents and sales professionals. Why spend the time, money and effort to develop an internal solution when you can go with the proven leader?

12. Is DNCQuickcheck reliable?
    PossibleNOW has invested heavily in a world-class infrastructure. DNCQuickcheck runs on a secure, hosted platform at one of the nation’s most state-of-the art hosting facilities. You are assured of maximum service availability.

    
    Have a question that is not covered here? Call PossibleNOW, the trusted source for Do Not Call compliance solutions, at (800) 585-4888 or (770) 255-1020. Or, e-mail sales@possiblenow.com.