Thinking of becoming an ADMA member?
Learn moreThe Do Not Call Register
Regulatory
Knowledge of and compliance with the Do Not Call Register Act is a vital way members can avoid investigation and formal action by the communications regulator.
Definition of a Telemarketing Call
The definition of a telemarketing call is extremely broad and includes any call where, having regard to the content, presentational aspect or information provided in the call (including phone numbers and URLs), the purpose of the call is:
- To offer to supply goods or services
- To advertise or promote goods or services
- To advertise or promote a supplier, or prospective supplier, of goods or services
- To offer to supply land or an interest in land
- To advertise or promote land or an interest in land
- To advertise or promote a supplier, or prospective supplier, of land or an interest in land
- To offer to provide a business opportunity or investment opportunity
- To advertise or promote a business opportunity or investment opportunity
- To advertise or promote a provider, or prospective provider, of a business opportunity or investment opportunity
- To solicit donations
- A purpose specified in the regulations
When Calls Can Be Made to Numbers on the DNCR
There are a number of circumstances under which calls can be made to numbers on the Do Not Call Register. These include:
- Calls that are not telemarketing calls
- Calls where the relevant telephone account holder or a member of the household as provided consent
Consent
Telemarketing calls may be made to numbers on the Do Not Call Register if consent has been provided by the telephone account holder or a member of the household.
Consent can either be inferred or express.
Under Do Not Call Register legislation, organisations have to be able to produce evidence to confirm they have consent. It should be noted that unless otherwise specified express consent only lasts three months.
The inferred consent provisions of the Do Not Call Register Act 2006 are more strictly enforced than inferred consent provisions of the Spam Act 2003. Whilst inferred consent can exist where there is a contractual arrangement, it is not clear that inferred consent can be considered to exist after the contract has ceased.
Organisations must also take care to ensure if an individual withdraws consent to be contacted by phone, while they are in a contractual arrangement, then under the Do Not Call Register legislation inferred consent would no longer exist.
In addition to the over-arching requirement to not make telemarketing calls to numbers on the Do Not Call Register, organisations are also required to ensure that any contractual arrangements with organisations that make calls on behalf of the organisation include obligations to comply with Do Not Call Register legislation.
Exemptions
Certain classes of organisations are exempt from complying with the Do Not Call Register Act 2003 these include:
- Government bodies, religious organisations and charities
- Political parties, independent members of parliament, candidates
- Educational institutions
