Telemarketing

About telemarketing

Telemarketing is a vital and successful means of marketing in Australia.

Many individuals buy products and services over the phone either by calling an organisation or as the result of receiving a telemarketing call.

About call centres

The call centre industry is a large employer in the Australia and overseas.

The Australian call centre industry has many centres often located in regional centres where they are welcomed in their communities as major employers.

Call centre marketing includes both inbound and outbound communications.

The call centre industry plays an important role in the economic and social life of Australia by providing many part-time positions which assist students, mothers returning to the workforce or seeking to maintain a work/family balance, people starting a career or people re-entering the workforce after a career set back.

Call centres also allow tele-working (agents to work from home using technology and high speed broadband) providing flexibility for working families and providing individuals with disabilities easier access to employment. Teleworking also reduces carbon emissions caused by commuting.

Overseas call centres are major employers in many countries and sometimes play an important economic role in developing country’s economies.

I’m on the Do Not Call Register but received an unsoliced telemarketing call

There may be a few reasons why you have received an unsolicited telemarketing call. These might include:

• The call was made by a company with whom you have an existing business relationship or you have otherwise consented to receiving calls
• The call was made by an exempt organisation such as a charity or educational institution
• The call was made by a company in error

If you have an existing business relationship with an organisation, then under Do Not Call Register legislation that organisation is permitted to call you until such time as you advise them that you don’t want to be contacted. If you no longer want to receive calls from that organisation contact them and advise them that you don’t want them to call you.

Alternatively you may have provided permission for the organisation to call you at some time prior to receiving the call. For example by making an inquiry on a product.

Some organisations are exempt from the requirements of the Do Not Call Register legislation that restricts calls to numbers on the Do Not Call Register. Exempt organisations include charities, political parties, educational institutions. If you no longer want to receive calls from particular charities, political parties and educational institutions you should contact them and advise them that you don’t want them to call you.

Many organisations, especially ADMA members, strive to comply with the law including Do Not Call Register legislation however from time to time mistakes can be made. If you receive a call from an organisation and your number is on the Do Not Call Register and you don’t have an existing business relationship with them, you should contact the organisation to advise that they called you when you are on the Do Not Call Register. This will allow the organisation to investigate and rectify the problem alternatively you can report the matter to ADMA by emailing code@adma.com.au.

Is a telemarketing call on my mobile allowed?

Yes, telemarketing to mobile numbers is allowed so long as the mobile number is not on the Do Not Call Register and you haven’t opted out on an individual basis with that organisation or consent has been provided. The same requirements apply as outlined in Question 1 above.

I’m on the Do Not Call Register but received a telemarketing call from a company with whom I have a business relationship

Organisations are permitted under the Do Not Call Register Act 2006 to call individuals and businesses with whom they have a existing business relationship even if their number is on the Do Not Call Register so long as you haven’t previously advised them not to contact you via telephone or for direct marketing purposes.

If you don’t want to receive telemarketing calls from the organisation you should contact them and advise them not to contact you. If you still receive calls from the organisation after 30 days of your request you should either lodge a complaint with them or contact ADMA by emailing code@adma.com.au.

Why do I have to re-register my telephone number every five years?

Industry supports the rights of the consumer to exercise choice about whether they receive telephone marketing. Registering your telephone number on the Do Not Call Register provides an effective mechanism to allow this to occur.

However it is estimated that 10% of phone numbers are disconnected per annum. This means that over time as phone numbers change ownership, the Do Not Call Register will become more and more out of date. This means that after five years, 40% of the numbers on the register will not longer belong to the consumers who registered them.

Whilst consumers have the right to elect not to receive telephone marketing, Australian business should not have to comply with a Do Not Call Register that is inaccurate.

A five year expiry rule is an Australian innovation that sets Australia’s Do Not Call Register apart from the rest of the world. The Australian system more accurately reflects the choice of the telephone account holder.

Consumers, who want their number to remain on the Do Not Call Register can re-register their numbers at any time in a few minutes by visiting www.donotcallregister.gov.au or by calling 1300 792 958

Source of information

Lists of names and addresses are routinely compiled by marketers from countless sources. If you have a telephone (unless you have a silent number) your name and address are available to anyone with a pencil and a piece of paper by accessing a telephone directory.

In most states, if you own a house or land, your name and address are available from public records. So are such publicly-recorded events as marriages, births, and divorces. All are available to anyone who wants to compile a mailing list from the source material. Your high school and university directories may list your name, address, and class.

If you are a doctor, lawyer, dentist, engineer, or teacher, you probably belong to one or more professional societies or associations whose membership lists show your name and address. Do you practice a profession for which the state has granted a license? Have you joined any business organisations such as a local Chamber of Commerce or Service Club? Many of these membership lists, while not, strictly speaking, public records, are widely available to the public.

It is also possible that you have subscribed to a magazine, made a donation to a charity, answered a survey that came with an appliance warranty, sent some money to a political party, bought a gadget or a gift from a catalogue. Your name, address, and purchase (or donation) information are automatically recorded on that company's computerised list, and it is very likely that you will hear from that company again -- their goal is to build long-term relationships with their customers (or donors). It is also possible that, from time to time, they will rent or exchange your name and address with other direct marketers so long as you have consented to this happening.

ADMA members are required under the Australian Direct Marketing Association’s Direct Marketing Code of Practice to let you know where how they obtained your information if you ask them.