Are the Holidays Really Over?

Posted: January 22, 2015

iStock_000045534106LargeNow 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 barely 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, we’re sure you are already 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.

To stay up-to-date with the latest information regarding direct marketing compliance and to receive regulatory updates including this year’s Do Not Call holiday restrictions, click here. We’ll promptly add you to our email distribution list so you receive compliance information for the items you select.

CJ Arthur

Author: CJ Arthur

CJ Arthur is an Associate at CompliancePoint with a focus on direct marketing compliance. She works with clients in a variety of industries in developing and refining processes and procedures for complying with the ever-changing state and federal regulations related to direct marketing and consumer privacy law. CJ has earned her certification from the International Association of Privacy Professionals as a Certified Information Privacy Professional (CIPP/US) and has a BA in Marketing from the University of Georgia.

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