The Australian Communications and Media Authority is showing that the Do Not Call Register Act 2006 has teeth. $100k+ penalties have already been imposed.
In this Spot Check, we’ll see if your outsourced contract for outbound sales calls complies with section 12 of the DNCR Act.
Section 12 of the DNCR Act is one of the simplest things in the Act to get right … which makes it amazing how often it is breached !
In a nutshell, section 12 says: If you get someone else to make outbound sales calls for you, and there’s a fair chance some of the calls may be to Australian residential numbers, the telemarketer must expressly agree:
- to comply with the DNCR Act
- to take all reasonable steps to make sure their staff and agents do so.
Failing to include this term attracts financial penalties.
Does the ‘express term’ have to be in writing ?
No, but good luck trying to prove compliance if it isn’t in writing.
If you comply with section 12, is that all the outsourced telemarketing contract needs to do ?
No, it’s not enough. ACMA considers that such contracts must include detailed processes for ensuring the telemarketer complies with the Act, and auditing that it has done so. In ACMA’s opinion, failure to include such processes in a contract can make you, the customer, liable for DNCR Act breaches committed by the telemarketer.
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