Monday, June 28, 2010

Voice Broadcasting can be such a great technology

Voice Broadcasting can be such a great technology for so many applications. It has been a popular and growing tool now for many years and for good reason. Imagine being able to deliver a message to large numbers of people without having to pay the cost of tele agents, and having the ability of sending one message to a live pick up vs. a different message to an answering machine. Add to this the marrying of interactive voice technology where a recipient is able to press a number key and be transferred to a live agent, or place an order for a product or service. It is the ultimate technology in terms of cost efficiencies and flexibility for marketers, political consultants, municipalities, collection organizations, and many other entities.
But powerful tools in the hands of fools create a great deal of danger. See Bob Tuttle and Mark Edwards for details. Their firm "The Broadcast Team" (aka TBT) was recently fined $1,000,000 by the FTC and the Department of Justice for violations Telemarketing Sales Rule (TSR) in the course of using "voice broadcasting" to call millions of U.S. consumers using automated dialers and prerecorded messages.
The Federal Trade Commission today announced that Tuttle and Edwards firm was charged with making tens of millions of illegal automated telemarketing calls and they have agreed to pay a $1 million civil penalty under a settlement reached with the agency and the U.S. Department of Justice. They had violated the Telemarketing Sales Rule (TSR) in the course of using "voice broadcasting" to call millions of U.S. consumers using automated dialers and prerecorded messages.
A federal district court action brought by DOJ on behalf of the Commission alleges that the Florida-based telemarketer's automated phone dialing service called and then illegally hung up on more than 64 million people – and called more than a million numbers that were listed on the National Do Not Call (DNC) Registry. Lloyd Gomberg, Senior Vice President of Freedom telework Inc. said “The law is very clear- Even when Voice broadcasting is legally permissible the calling list still must be scrubbed against the FTC and various States Do Not Call Lists.”
Gomberg further noted that Freedom Telework Voice broadcast customers are also advised that it is unlawful to send audio messages to any emergency phone lines. For example, 911 numbers, hospital medical service lines, physicians, health care facilities, poison control centers, fire or law enforcement agencies. Another basic rule according to Gomberg: Do not send unsolicited audio messages to those who will incur charges. For example: beepers, pagers or cell phones unless you have permission.
In the broadcast team case, The FTC's Telemarketing Sales Rule (TSR) was violated in the course of using "voice broadcasting" to call millions of U.S. consumers using automated dialers and prerecorded messages. Many of the numbers TBT called were on the DNC Registry, making the calls themselves unlawful. The FTC also charged that TBT failed to pay for access to the DNC Registry's numbers in numerous instances. TBT had argued that the TSR did not apply to its delivery of prerecorded messages and should not apply to its plans to use prerecorded messages to solicit funds on behalf of a charity. But in a related case pending in the same court, U.S. District Court Judge Anne Conway rejected TBT's legal arguments last April. The court ruled that TBT is a required to comply with the TSR, and that exempting TBT from the TSR's requirements would frustrate the FTC "in achieving its goal of protecting the residential privacy of consumers."
Gomberg said “ This technology is powerful and incisive- just make sure that you consult an attorney and know that you are on firm legal ground before proceeding with a campaign.”

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