Telemarketing Compliance Policy

1. Purpose

The purpose of this Telemarketing Compliance Policy is to ensure that Sales Machine LLC conducts telemarketing activities in compliance with all applicable federal and state laws, including but not limited to:
- The Telephone Consumer Protection Act (TCPA);

- The Telemarketing Sales Rule (TSR);

- Applicable state laws and regulations, particularly Texas telemarketing laws.

This policy outlines the procedures and responsibilities for ensuring compliance and mitigating risks associated with telemarketing activities.

2. Scope

This policy applies to all employees, contractors, agents, and third-party vendors conducting telemarketing activities on behalf of Sales Machine LLC.

3. Key Legal Requirements

See items 3.1-3.3 for the Sales Machine LLC Key Legal Requirements.

3.1 Telephone Consumer Protection Act (TCPA)

Under the TCPA, Sales Machine LLC will:

- Obtain prior express written consent before making calls or sending text messages to wireless numbers or residential numbers using automated telephone dialing systems (ATDS) or prerecorded messages.

- Refrain from making telemarketing calls to individuals on the National Do Not Call (DNC) Registry, unless an established business relationship exists.

- Provide a clear opt-out mechanism during each call.

- Ensure telemarketing calls are made only between 8:00 AM and 9:00 PM local time of the recipient.

- Include proper identification of the caller, including company name and contact information.

3.2 Telemarketing Sales Rule (TSR)

In compliance with the TSR, Sales Machine LLC will:

- Avoid deceptive or misleading representations during telemarketing calls.

- Disclose the purpose of the call, the nature of the product or service being sold, and all terms and conditions upfront.

- Maintain accurate records of telemarketing activities for at least two years.

- Comply with payment restrictions, including prohibiting certain forms of payment that increase fraud risk.

3.3 Texas Telemarketing Laws

To comply with Texas-specific regulations:

- Refrain from calling numbers on the Texas No-Call List unless exempted by law.

- Ensure telemarketers provide their true name, the name of the business (Sales Machine LLC), and a phone number or address where the company can be contacted.

- Follow all regulations regarding business hours for telemarketing in Texas.

- Obtain the necessary telemarketing permits or registrations as required under Texas law.

4. Responsibilities

See items 4.1-4.3 for the Sales Machine LLC Responsibilities.

4.1 Compliance Officer

- Ensure Sales Machine LLC’s telemarketing operations align with federal and state laws.

- Provide training to employees and third-party vendors on telemarketing compliance.

- Regularly review telemarketing policies and procedures for updates in applicable laws.

4.2 Telemarketing Employees and Agents

- Follow all applicable telemarketing laws and company policies.

- Use company-approved scripts and call procedures.

- Report any potential compliance issues to the Compliance Officer immediately.

4.3 Third-Party Vendors

- Agree to comply with all applicable telemarketing laws and this policy through a written agreement.

- Provide regular compliance reports to Sales Machine LLC.

5. Procedures

See items 5.1-5.4 for the Sales Machine LLC Procedures.

5.1 DNC Compliance

- Maintain and update an internal DNC list to supplement the National DNC Registry and state-specific lists.

- Check all call lists against the DNC Registry before initiating calls.

5.2 Recordkeeping

- Record and securely store call logs, consent records, and telemarketing scripts for at least two years.

- Maintain records of consumer consent for autodialed or prerecorded calls.

5.3 Consent Management

- Obtain and document prior express written consent where required.

- Provide a straightforward process for individuals to revoke consent or opt out of further calls.

5.4 Monitoring and Audits

- Regularly monitor telemarketing calls for compliance.

- Conduct periodic internal and third-party audits to identify potential risks.

6. Non-Compliance

Violations of this policy or applicable laws may result in disciplinary actions, including termination of employment or contractual relationships. Legal penalties for non-compliance include substantial fines and legal liability for the company and individuals involved.

7. Training

Sales Machine LLC will provide mandatory training on telemarketing compliance for all relevant employees, agents, and third-party vendors at the start of their engagement and annually thereafter.

8. Updates and Revisions

This policy will be reviewed and updated annually or as needed to reflect changes in applicable telemarketing laws.

Policy Approval

Taylor Robbins
- Compliance Officer, Sales Machine LLC

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