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Telemarketing Campaigns – Practical Guidance on Consent and Due Diligence

Telephone lead generation, outbound telemarketing and fundraising have come in for a great deal of recent criticism from regulators and consumers. The very power of the channel means that it will always gain a reaction – good or bad. Add the fact that there has been some blatant bad practice and you have a recipe for consumer dissatisfaction and regulatory clampdown. So what steps can be taken to ensure that your telemarketing campaigns are compliant and cause only minimal complaint? 1. Data Provenance and Consent It (should) go without saying that data should only be used for telemarketing campaigns with the consent of the individual. The law on this (PECR) is complex as there are different levels of consent required depending on whether the consent is being given to/for the brand itself or for third party use. For brand only consent to be valid – and especially to be able to override a Telephone Preference Service (TPS) listing - the individual must give their number and consent knowing that calls may follow. This can, however, be obtained by using an opt-out mechanism i.e. “we’d like to call you with our special offers, tick here [ ] if you prefer we didn’t”. (more…)

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