Difference Between
Opinion and Marketing Research
and Telemarketing

• Telemarketers want to sell you something
• Opinion and Marketing Researchers simply want to ask your opinion

Laws Pertaining to the Telemarketing Industry

Congress recently passed laws that regulate the telemarketing industry. These laws regulate the activities of telemarketers while exempting most types of research.

• Telephone Consumer Protection Act (TCPA)
  • Telemarketers must comply with consumers do-not-call requests
  • Telemarketers are prohibited from calling before 8 a.m. or after 9 p.m.
  • Telemarketers are prohibited from sending unsolicited faxes
  • Telemarketers are prohibited from using an artificial or pre-recorded message to call consumers without their consent
  • Telemarketers that use recorded messages must state the identity of the business and provide its address or telephone number

• Telemarketing Consumer Fraud and Abuse Prevention Act (Telemarketing Sales Rule).
  • Makes selling under the guise of research or "sugging" illegal by requiring telemarketers to promptly disclose their name and that the purpose of the call is sales related-- including the nature and price of the product the caller is attempting to sell
  • Prohibits telemarketers from placing sales calls except between 8 a.m. and 9 p.m.
  • Requires telemarketers to comply with consumers' do-not-call requests
  • Prohibits telemarketers from placing repeated calls or allowing a telephone to ring with the intent to annoy, abuse or harass a person

These same federal laws clearly distinguish between telemarketing and legitimate research. Congress specifically exempted research from these laws because they recognized the value of research services.

How to Reduce the Number of Telemarketing Calls You Receive

• Under the federal Telephone Consumer Protection Act or TCPA, telemarketers are required to comply with your do-not-call requests. You can avoid future telemarketing calls by clearly stating that you want to be added to the caller's do-not-call list. You should also contact your state attorney general's office to find out if there are any do-not-call laws in your state.
• Consumer News offered by the Federal Trade Commission
• Another way to reduce the number of telemarketing calls you receive is to add your name to the Direct Marketing Association's Do-Not- Call List. You can contact the Direct Marketing Association at 212-768-7277, or visit their web site at www.the-dma.org. Once your name is added to this list, telemarketers that are members of DMA are no longer allowed to call you. If you would like further information please call CMOR toll-free at 1-800-887-CMOR or email at [email protected] .

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