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The Difference Between “Illegal” and “Legal” Robocalls
Often “robocalls” are all lumped together due to some “bad actors” not following the rules. However, did you know many “robocalls” or “automated calls” are 100% fully-legal? We understand the power of this tool however you must fall into one of the following categories to use our services.
The following is a list of LEGAL and/or TCPA NA examples of automated calling.
Debt
Collections
Consent Required in Most Cases
Fully Legal
TCPA NA
Emergency Messaging
No Consent Required in Most Cases
Fully Legal
TCPA NA
Delivery Companies
No Consent Required in Most Cases
Fully Legal
TCPA NA
Public
Utilities
No Consent Required in Most Cases
Fully Legal
TCPA NA
Healthcare
Providers
No Consent Required in Most Cases
Fully Legal
TCPA NA
Hospitals
No Consent Required in Most Cases
Fully Legal
TCPA NA
Doctor’s
Offices
No Consent Required in Most Cases
Fully Legal
TCPA NA
Financial
Institutions
No Consent Required in Most Cases
Fully Legal
TCPA NA
Emergency
Services
No Consent Required in Most Cases
Fully Legal
TCPA NA
Government
No Consent Required in Most Cases
Fully Legal
TCPA NA
Non Profits
No Consent Required in Most Cases
Fully Legal
TCPA NA
Charities
No Consent Required in Most Cases
Fully Legal
TCPA NA
Schools
No Consent Required in Most Cases
Fully Legal
TCPA NA
Healthcare
Treatment
No Consent Required in Most Cases
Fully Legal
TCPA NA
Political
Campaigns
No Consent Required in Most Cases
Fully Legal
TCPA NA
Political Organizations
No Consent Required in Most Cases
Fully Legal
TCPA NA
Market
Research Calls
No Consent Required in Most Cases
Fully Legal
TCPA NA
Political Action Committee
No Consent Required in Most Cases
Fully Legal
(No Selling)
Marketing Calls
With Permission
Consent Required
Fully Legal with Consent
Selling Permitted
Commercial Calls
No Advertisement
No Consent Required in Most Cases
Fully Legal
(No Selling)
Commercial Messages
Permission to Call
Consent Required
Fully Legal with Consent
Selling Permitted
Healthcare Appointment Reminders
No Consent Required in Most Cases
Fully Legal
Selling Permitted
Business to Business Calls
No Consent Required in Most Cases
Fully Legal
Selling Permitted
Marketing Calls to Businesses
Consent Required
Fully Legal with Consent
Selling Permitted
Informational
Messages
No Consent Required in Most Cases
Fully Legal
(No Selling)
Customer Surveys
Consent Required
Fully Legal with Consent
(No Selling)
Customer Satisfaction Calls
No Consent Required in Most Cases
Fully Legal
(No Selling)
Notifications
Consent Required in Some Cases
Fully Legal
(No Selling)
Polling
Consent Required
Fully Legal with Consent
(No Selling)
Surveys
No Consent Required in Most Cases
Fully Legal
(No Selling)
Non Commercial calls
Consent Required
Fully Legal with Consent
(No Selling)
Community Announcements
No Consent Required in Most Cases
Fully Legal
(No Selling)
Automated Calls to Mobile Lines With Consent
Consent Required
Fully Legal
Selling Permitted
Automated Calls to Mobile Lines Without Consent
Not Allowed
Restricted
Marketing Messaging Without Consent
Not Allowed
Restricted
Stratics Networks products are fully legal and are compliant when used responsibly. There is a right way and wrong way to use telecommunications. Let us help you keep on the right path and stay compliant. Stratics Networks is a responsible use company and does not tolerate spam in any form. All rules and regulations must be followed when using our products.
Fines can be over $10,000 dollars. You MUST take compliance seriously!
DISCLAIMER: This list of legal call examples is a cursory summary only and could likely contain errors and omissions. This is not legal advice. You should not act or rely on any information contained on this website without seeking the advice of an attorney.
Develop Your Compliance Team
You are 100% liable for compliance when using Stratics Networks’ products, services and account(s). Stratics Networks has built this compliance center to assist you with resources and information to help you stay compliant with all laws and regulations when using our services.
Choose a Reputable Attorney
We know you’re busy so for your convenience Stratics Networks has researched the following attorneys that practice compliance based telemarketing law.
Please ensure your company or non-profit organization stays up to date with changes in telemarketing & outbound calling regulations & laws by using a reputable attorney or compliancy solution.
Telecommunication Attorneys
Stratics does not officially endorse or make any claims about the following list of attorneys.
Contact a Compliancy Agency
Compliancy assistance organizations have hands-on experience in dealing with industry and government authorities.
They are familiar with a wide range of U.S compliance laws and regulation and provide tools to help your form stay fully compliant.
Compliance Assistance Agencies
The following is a list of compliance organizations to assist you in staying fully compliant.
Government
There are several government organizations that that regulate the Do Not Call lists, telemarketers, Call Centers and ADAD laws, rules and regulations.
Get to know these government bodies and feel free to call them to get clarification and ask questions. They also want you to stay compliant and are very helpful.
Do Not Call Regulatory Bodies
Contact with Consent
Staying Compliant is very simple. You just need to start with consent. Of course there are rules surrounding content of messages but the number one thing you have to start with is prior written consent to send your messages.
We require all of our customers to have prior written consent when using our tools. By simply adding my disclaimer at your sign-up process you can ensure only people who want to hear from you are receiving your messages in a responsible manner.
Take a look at this simple example provided below.
State By State Compliance
State
Website
Keep in mind that when calling into the states that have State DNC lists, you are still required to scrub against the National DNC list as well. If you need assistance registering with a state DNC list, An experienced telemarketing attorney or telemarketing law firm may be able to help you find a telemarketing exemption, or perform a telemarketing audit of your company to ensure you are compliant.
DISCLAIMER: This site is a cursory summary only and likely contains errors and omissions. This is not legal advice. You should not act or rely on any information contained on this website without seeking the advice of an attorney.
Dialing & Calling Canada
Canadian National Compliancy References
You and your organization are 100% responsible for making sure you are in compliance with all telemarketing and outbound regulations in Canada. You will be soley liable for calls originating from your account.
In Canada the CRTC regulates automated calling for both telemarketing calls and non telemarketing calls. View the following links for information on the Canadian NDNC list and other Canadian rules & regulations.
CMA Intro
DNC List
Unsolicited Telecommunications Rules
Ringless Voicemail Drops
Compliance & Best Practices
Are Ringless Voicemails Drops exempt from the FCC rules?
NO, they are not, and Stratics Networks takes the approach that Ringless Voicemail Drops must be used responsibly at ALL times. Although voicemail technology is much different then say, a robocall there are ALWAYS rules (legal and common sense) that must be followed when using RVM. The FCC also has several rules in place governing the content of voicemail messages.
DISCLAIMER: This site is a cursory summary only and likely contains errors and omissions. This is not legal advice. You should not act or rely on any information contained on this website without seeking the advice of an attorney.
Compliance, common sense and best practices for Ringless Voicemail Drops.
Always scrub marketing messages against the National and State DNC lists.
Always be honest and upfront with your message. Misleading someone is fraud.
Always have a mechanism allowing parties to call and opt out of future messages.
You must always obtain permission prior to contacting someone with RVM.
Always clearly identify yourself and company in the beginning of your voicemail message.
Always provide a local or toll free number in the beginning and end of your message where a person can call to opt out.
SMS Compliance is ALWAYS #1
SMS messages are a valuable tool and one that has changed the way we communicate. There are many rules and regulations when sending out SMS campaigns. We are not lawyers. We are software developers but we’ve listed a few MUSTS when running SMS campaigns.
Only send messages to people who have directly opted in to receive messages from you.
Always display opt-out language, e.g. “reply to opt out”.
NEVER send marketing SMS messages to someone who has not directly opted in to receive these message.
Always respect opt-outs and remove them immediately.
More SMS Compliance
Caller ID Compliance
Truth In Caller Act – FCC Violations
Carry a $10,000 Per Number Fine.
Is spoofing illegal?
Is blocking a phone number the same thing as spoofing?
What are the FCC rules regarding caller ID for telemarketers?
Do I need to use a Caller ID for Ringless Voicemail Drops?
Do I need to transmit a caller identification for non marketing
non telemarketing Communications like political or informational calls or Communications?
Learn MoreResponsible Use
Familiarize themselves with any additional International, Federal, State, or local laws governing your dialing.
Place all individuals requesting DNC status, on Customer’s accounts DNC list, immediately.
Provide legal contact information in any outbound campaign within the initial greeting message.
Provide own sound files for all outbound campaigns.
Provide all data and with this ability agrees to responsibly dial each campaign with courtesy to the recipients for which it is meant.
Schedule campaigns responsibly.
Not send any calls to life-line services, such as hospitals, fire, police, 911, or utility related telephone numbers.
Not send any sales outbound broadcasts to recipients that have not consented to receiving such a broadcast.
Use DNC / opt-out features made available to you by the Stratics Networks.
Consult with a lawyer or attorney before dialing any data for which customer is unfamiliar, or if legalities of dialing remain unclear to Customer.
View our full responsible use guidelines & policies here
