Safe Harbor Information
How to save your organization from possible litigation

What is 'safe harbor' and how can the CallNot Software help protect me?

If you are still not familiar with the concept of “safe harbor” as it relates to the National Do Not Call list, let me provide you with another quote from the 'Compliance' section of the FTC Website:

‘The TSR has a “safe harbor” for inadvertent mistakes. If a seller or telemarketer can show that, as part of its routine business practice, it meets all the requirements of the safe harbor, it will not be subject to civil penalties or sanctions for mistakenly calling a consumer who has asked for no more calls, or for calling a person on the registry...’

'Safe Harbor' is your shelter from exorbitant fines for accidental calls to people on the Do Not Call list.

The requirements of the safe harbor:   Have a written procedure to comply with the National DNC list. To help you provide a written procedure we have included a “Rules Of Use” Document for the CallNot Software. This document provides a guide line to follow in order to avoid calling DNC numbers in the future.

Demonstrate that you indeed follow these procedures. The CallNot Software will provide a way for you to prove that you are making a reasonable effort to comply to the FTC Rules regarding safe harbor. Logs can be printed out which contain all the updates you have made to your National Do Not Call list as well as your OK TO Call List. Also we recommend that you save the data files you have used for prospecting after they have been scrubbed by the CallNot Software. These files will help prove that you have been using the CallNot Software.

Demonstrate that you maintain a company specific list. The CallNot Software allows you to import and maintain your company specific DO Not Call list or just simply create your own from scratch. As long as you add phone numbers to this list when people ask you not to call them anymore then you are following the “rules of use” document. The CallNot Software has the ability to print out your log, or history, displaying all numbers or files full of numbers that have been added to your Company specific list through the CallNot Software software. Refer to the “Rules Of Use” document for more information.

Demonstrate that you accessed the national registry no more than three months before calling. The CallNot Software Keeps a Log which shows all imported DNC lists and all updates to those lists. You can print a copy of your log to prove that you have been updating your National Do Not Call lists. Example CallNot Software Log (log is printable):

Show that any call you make in violation of the do not call rules was a result of an error. There are many possible causes of a violation. A Few are listed below:   • Misdialed. • Misread a phone number off you call sheet. •Inadvertently called off a list that was not scrubbed by the CallNot Software first. • Started dialing the wrong list. 'Safe Harbor' was created for errors. The CallNot Software will help you prove that you have done everything in your power not to make a violation and that any violation you make is the sole result of an error.

FTC Safe Harbor Compliance Checklist:

Every outbound call an employee or contractor dials risks an $11,000 fine unless you meet the requirements outlined in the FTC Telemarketing Sales Rule, these are most of the key steps required to put your business on the path to compliance and well within the Safe Harbor provisions of the new rule. You can't afford to not pay attention to these regulations!

1. Assign the duties of data verification, training, management, and enforcement of the Telephone Solicitation and in-house DNC policies to a member of your staff.

2. Immediately purchase the required licenses for State and Federal DNC lists as needed

3. Determine the local server or web-based solution you will use to manage the Federal, State, and in-house DNC lists. You will need a computerized solution immediately whether it is the permanent solution or a bridge product to get you through research and installation of a different product. Printed solutions are not practical and would mean thousands of pages on every desk. (of course the best choice is OCM & CheckCall http://www.ocmusa.com 888-481-3727 we can have you and all your locations online and live in 24hrs or less!)

4. Draft a company Telephone Solicitation Policy & In-house DNC policy & procedures.

5. Draft scripts to address disclosure requirements of outbound calls and those of multiple purpose calls if needed.

6. Train all employees who make outbound sales calls, follow-up calls, or those who may receive a request to add a customer to your in-house DNC list. Training should include FTC & FCC rules along with your Telephone Solicitation Policy & In-house DNC policy & procedures. Document the training to their employee files.

7. Verify any contractors utilize only your companies licensed area codes or states to screen outbound call numbers. Plan and coordinate the constant update & sharing of your in-house DNC list with any contractors. Any contractors must be sure customers are not on your in-house DNC list before calling and be easily able to update it promptly.

8. Review your phone system for needed upgrades if no caller ID is available. It is a violation to fail to transmit the telephone number, and, when available by the telemarketer's telephone company, the name of the telemarketer to any consumer's caller identification service. This provision takes effect January 29, 2004.