Telemarketing Tips

In plain language: Defines what the document governs — all outbound telephone and SMS sales contacts made by company staff, agents, and contractors — and which products, campaigns, and channels are included.

Common mistake: Limiting scope to direct employees and omitting contractors or offshore call-center vendors. Regulators hold the originating company liable for violations committed by its agents regardless of employment status.

In plain language: Establishes procedures for maintaining an internal DNC list, scrubbing call lists against the national registry, honoring consumer opt-outs, and the required scrub frequency.

Common mistake: Scrubbing call lists once at campaign launch and not rescanning before each subsequent dial wave. The TSR requires scrubs no older than 31 days; a stale scrub eliminates the safe-harbor defense.

In plain language: Sets the days and times during which outbound calls may be placed, calibrated to the time zone of the consumer's area code — not the caller's location.

Common mistake: Using the call center's time zone instead of the consumer's. A rep in Phoenix calling an eastern-standard consumer at 7:45 a.m. EST violates the TSR even if it is 9:45 a.m. locally.

In plain language: Lists the mandatory opening statements every rep must make at the start of each call — caller identity, company name, the commercial purpose of the call, and, where required, that recording is occurring.

Common mistake: Omitting the company's contact information from the opening disclosure. The TSR requires it on every call; a rep who only gives their first name exposes the company to per-call penalties of up to $51,744 per violation.

In plain language: Specifies when express written consent is required (autodialed or prerecorded calls), when implied consent or a prior business relationship is sufficient, and how consent records must be stored.

Common mistake: Treating a customer's prior purchase as blanket consent for automated marketing calls. A prior business relationship exempts a company from internal DNC obligations under the TSR but does not substitute for TCPA written consent for autodialed calls.

In plain language: Lists conduct that is expressly forbidden — threatening or abusive language, false identity claims, fabricated prize offers, unauthorized charges, and calling numbers on the DNC list — with the consequence for each violation.

Common mistake: Listing prohibited practices without defining the disciplinary consequence for each. A policy without teeth is treated as aspirational by regulators — document the enforcement escalation for each violation.

In plain language: Sets the maximum time frame for honoring opt-out requests, identifies who is responsible for updating the internal DNC list, and describes the intake and escalation path for consumer complaints.

Common mistake: No formal complaint log. Regulators reviewing a TSR investigation expect to see a timestamped complaint record — companies without one cannot demonstrate good-faith compliance and lose safe-harbor protection.

In plain language: Defines the minimum records the company must retain — call logs, consent records, DNC scrub certificates, training records, and complaint files — and the minimum retention period for each.

Common mistake: Retaining call logs but discarding training records. The FTC's safe-harbor defense requires documented training — no training records means no safe harbor, even if the calls were fully compliant.

In plain language: Requires all reps, supervisors, and relevant contractors to complete telemarketing compliance training before placing their first call and to recertify annually or when regulations change.

Common mistake: One-time onboarding training with no recertification schedule. Telemarketing rules change frequently — a rep trained in Year 1 who is unaware of a Year 3 rule amendment is still a liability for the company.

In plain language: States the consequences for policy violations — from written warning through termination — and the process for amending the policy when regulations change.

Common mistake: No amendment and communication clause. Regulations change and so do calling lists — a policy that has no formal update mechanism becomes dangerously stale, and courts have found that out-of-date written policies weigh against the company in enforcement actions.

A telemarketing tips document is a written compliance and operational policy that governs how a business places outbound sales calls and SMS messages. It covers Do Not Call list management, calling-hour restrictions, required disclosures, consumer consent, opt-out handling, rep conduct, and record-keeping obligations. It serves as both an internal training reference and an auditable record of the company's compliance program.

Any business that places unsolicited outbound calls or text messages to consumers or businesses needs a written telemarketing policy. This includes inside sales teams, call centers, marketing agencies running outbound campaigns, and companies that outsource calling to third-party vendors. The company that originates the campaign — not just the vendor making the calls — is legally responsible for compliance.

The Telemarketing Sales Rule (TSR) is an FTC regulation that applies to most outbound telemarketing to US consumers. It restricts calling hours to 8 a.m.–9 p.m. local time, requires specific opening disclosures, mandates DNC list scrubs no older than 31 days, limits abandoned call rates to 3%, and prohibits a wide range of deceptive and abusive practices. Violations carry civil penalties of up to $51,744 per call. A written compliance policy with documented training is the foundation of the TSR safe-harbor defense.

The TSR is an FTC trade regulation covering outbound telemarketing practices broadly — calling hours, disclosures, DNC lists, and payment rules. The TCPA is a separate federal statute enforced by the FCC that specifically restricts autodialed calls, prerecorded messages, and text messages to consumers without prior express written consent. Both apply simultaneously to most outbound campaigns, and violating either carries significant per-call liability. A compliant telemarketing policy must address the requirements of both.

Companies that place telemarketing calls to US consumers must subscribe to the National DNC Registry and pay an annual fee to access call-list scrubbing data. As of 2025, access fees are $70 per area code per year, capped at $19,715 for all US area codes. Failure to subscribe before placing calls is itself a TSR violation. Some states also maintain separate state DNC registries that require independent registration and scrubbing — check the requirements for every state you call.

Under the TSR, outbound calls may only be placed between 8:00 a.m. and 9:00 p.m. in the consumer's local time zone — not the call center's. Many states have stricter windows; for example, several states prohibit calls before 9:00 a.m. or after 8:00 p.m. local time. In Canada, the CRTC restricts calls to between 9:00 a.m. and 9:30 p.m. local time on weekdays and 10:00 a.m. to 6:00 p.m. on Saturdays, with Sunday calls generally prohibited.

Under the TCPA, prior express written consent is required before sending any marketing text message using an autodialer. Consent must be clear, unambiguous, and specific to the company and the type of message being sent — a generic terms-of-service checkbox is generally insufficient. The FCC's 2024 one-to-one consent rule, if upheld on appeal, would further require that consent be obtained for each individual company rather than a category of businesses. Retain consent records with timestamps for at least five years.

The national DNC Registry primarily protects residential and personal wireless numbers; most B2B calls to business lines are not covered by TSR DNC requirements. However, calls to the personal cell phones of business contacts — even for B2B purposes — can trigger TCPA consent requirements if an autodialer is used. Several states, including California, extend DNC protections to sole proprietors. A written policy should address both B2C and B2B calling separately to avoid inadvertent violations.

The TSR requires telemarketers to retain records for 24 months covering advertising materials, prize and gift promotions, sales records, employee training records, and DNC compliance documentation including scrub certificates. TCPA consent records should be retained for the life of the customer relationship plus at least five years given the six-year statute of limitations in many states. Complaint logs, opt-out records, and call recordings (where legally required) should be retained for the same 24-month minimum.