The idea of calling to sell services or products might be an easy job for some people who does not know the workings behind telemarketing, but to telemarketers, it is not just ‘call all you can’ or ‘call till you drop’ to get leads. They have to be wary of certain restrictions and rules before engaging in a conversation. By being aware of this, both callers and customers can carry out their rights, and a spontaneous contract is automatically produced. This contract is called “Unsolicited Consumer Agreements.”
It is stipulated there that a telemarketing sale is unsolicited if:
- Caller called consumer without an invitation
- There is an agreement whose worth is unknown.
In lieu to this unsolicited telemarketing calls, a caller must abide by particular protocols. These protocols which callers should strictly follow revolve on:
The Contact Hours – On weekdays, callers are only allowed to contact customers after 9 am and before 8 pm. While on Saturdays, callers are only allowed to contact customers after 9 am and before 5 pm. Whereas, NO calls shall be made on Sundays and holidays.
The Disclosure – This pertains to what a caller should say. The caller must introduce her or his business name, directly clarify the intention of the call and inform the customer his or her cooling-off rights.
The Contract – In the case of an agreement between a telemarketer and customer, a written copy or a copy sent online must be given to the latter by the former accordingly. The customer should receive it within five business days or (or longer if customer concedes). The contract must be in plain language, legible and clear and must be signed by both parties. Moreover, it should be stipulated in the contract the termination process (cooling-off rights), the full terms of the agreement, the total price payable or how this will be computed, any postal or delivery charges and contact details.
The Cooling-off Period – By the law, a customer has the right to rethink about the contract (Unsolicited Consumer Agreement) in 10 business days. The commencement of these business days is marked at the time the customer received the contract. Within this mentioned period, a customer can cancel without penalty. This cooling-off period can be extended up to 6 months if there is a failure on:
- The provision of the information about the cooling-off period; or
- The compliance of requirements for Unsolicited Consumer Agreements (such as failing to issue a copy of the agreement, not including necessary information in the agreement, or providing goods or services during the cooling-off period).
The Feeding of Information – Customer, should be consistently supplied with relevant information regarding the provided services or products.
It does not do good to be lenient in following these regulations. Remember that in any telemarketing industry; those mentioned above must be observed to operate legally.