11 April 2014
Consumers can register their phone numbers on the Do Not Call ("DNC") registry if they don't want to receive telemarketing calls, text messages or, more rarely, faxes. Notwithstanding such registration, organisations can still conduct telemarketing to DNC-registered phone numbers if they first obtain "clear and unambiguous consent".
What does "clear and unambiguous consent" mean and how do you obtain it?
In substance it means that the consent should clearly set out what the consumer is consenting to, and that the consent for those purposes is unambiguous. In practice, it means you should:
This way, the consumer is presented with the purposes for which their phone number will be used, they have taken active steps to consent to you sending them messages, and it is unambiguous what they have consented to and how they want to receive it.
Associate Director, BR Law Corporation
Post date. Edit this to change the date post was posted. Does not show up on published site. 11/4/2014
The materials in these articles have been prepared for general informational purposes only and are not legal advice or a substitute for legal counsel. If you require legal advice for your particular circumstances, please consult a suitably qualified legal counsel. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not rely or act upon this information without seeking professional counsel. Whilst we endeavour to ensure that the information in these articles is correct, no warranty, express or implied, is given as to its accuracy and we do not accept any liability for error or omission. The authors of the articles are or were employees of BR Law Corporation at the time of publication, but may no longer be, now or in the future, in the employ of the firm.
Subscribe to our Newsletter
Subscribe to our quarterly newsetter to keep up to date with a wealth of insights from the BR Law, BR Family Assets and BR Corporate services team.