Can You Legally Make That Call Today? Why The Holiday Season May Not Be Over!

DNCSolution News from PossibleNOW — January 2015

Contributed By
CJ Arthur, Associate, CompliancePoint

Now that you’re engaging your best efforts to achieve normalcy at the start of this New Year, it’s likely the last thing on your mind is the holiday schedule for 2015. However, if your company places telemarketing calls to consumers, you should consider the prohibitions for placing calls on certain federal and state-specific holidays.

For example, although we’re only one month into the new calendar year, two holidays (January 1st which is observed as New Year’s Day and January 8th as the Battle of New Orleans Day) have already occurred. It’s important to know some states prohibit telemarketing activities on those holidays. If you operate a call center or conduct solicitous calling activities, you are likely aware of the federal calling time restrictions, under both the FCC and FTC, which prohibit calls before 8:00 am and after 9:00 pm.

However, did you know calling time compliance must be based on the local time of the called party, not the local time from which the call originated?

To add complexity to the Do Not Call and telemarketing compliance procedures that must be implemented, have you considered ALL of the following elements that impact your compliance with the calling time restrictions:

  • The local time of the called party?
  • Federal calling time restrictions?
  • States with more restrictive calling times than the federal rule?
  • Daylight savings?
  • Time zones (13 states with split time zones)?
  • Holiday calling time restrictions?

Once all restrictions have been considered, your dialing system and/or calling procedures should be adjusted accordingly such that both federal and more the restrictive state allowable calling times and holiday restrictions are adhered to.

For questions about holiday and calling time compliance, please contact us at [email protected].