Telemarketing B2B/B2C – Opt-Out

It is permissible to engage in telemarketing, unless the number is registered on the Do Not Call Register. It is still permissible to make calls to a number registered on the Do Not Call Register if the person being called has consented to receiving the call, or the call is a designated marketing call.

 

A designated telemarketing call is the one authorised, under certain conditions, by: governments, registered charities, registered political parties, independent members of Parliament, political candidates in an election, and educational institutions.   

Consent may be express or inferred from the conduct of the person and the business or the relationship between the marketer and the person.

 

Times when telemarketing calls are not to be made:

  • Weekdays: before 9.00 am, after 8:30 pm; Saturday: before 9.00 am, after 5.00 pm; Sundays and National public holidays: all day. (Telemarketing and Research Calls Industry Standard 2007).

 

An Australian number is eligible to be entered on the Do Not Call Register if it is:

  • used or maintained primarily for private or domestic purposes; or
  • used or maintained exclusively for transmitting and/or receiving faxes; or
  • used or maintained exclusively for use by a government body; or
  • an emergency service number.

 

Telemarketing calls to business numbers, unless they fall into one of the categories above, are unlikely to be caught by the DNCR Act. Telemarketing activities applying to numbers not entered on the Register or conducted by organisations not subject to the DNCR Act are still subject to the Telecommunications (Telemarketing & Research) Industry Standard.