Timely Update on 'Do Not Call'

An Australian ‘Do Not Call’ register is coming. Scarcely anyone in call centres would not be aware of it.

The establishment of this register is probably the biggest legislative development since the arrival of call centres and therefore it is important to have accurate information about it. Misinformation abounds. But call centre professionals need facts.

The legislation to create a National Do Not Call Register passed through Federal Parliament on 22 June 2006. It is under the control of the Minister for Communications, Information Technology and the Arts, Senator Helen Coonan.

Following the passage of the Bill, the Minister said that the Government is now setting up a register that will allow individuals to register both their home and mobile numbers. “It will then become illegal for telemarketers in both Australia and overseas to contact the numbers,” the Minister explained.

The operation of the register will be managed by the Australian Communications and Media Authority (ACMA).

ACMA will be responsible for implementing the Do Not Call Register scheme, including the setting of national telemarketing standards on issues such as permitted calling hours and the provision of certain information by telemarketers. These standards will apply to all telemarketers.

The government has indicated that it expects a huge response once the register opens in early 2007, which means that the detailed operational systems will have to be very robust.

The main industry body that has been consistently communicating with the government during the negotiating and planning stages has been the Australian Direct Marketing Association (ADMA).

While the legislation was being developed, ADMA held meetings with Senator Coonan’s Office, the Department of Communications, IT & the Arts and the relevant Senate Committee. At the meetings ADMA raised concerns that the legislation contained numerous ‘grey areas’ particularly around the definition of ‘consent’ and the concept of an ‘existing business relationship’, which may introduce compliance difficulties for industry. According to ADMA, there have been assurances that clarification will be provided through the regulations that are due to be developed by ACMA. 

According to ADMA, the new legislation will apply as follows:

• Organisations will be prohibited from making a telephone marketing call to a telephone number that is on the Do Not Call Register unless express or inferred consent has been given by the telephone account holder or a person ‘nominated’ by the telephone account holder.
• Express consent is where the telephone account holder or ‘nominated’ person ‘opts-in’ to, or requests, a telephone marketing call. The organisation obtaining the express consent will need to state the time period for which consent has been obtained for, otherwise it will expire after three months.
• Inferred consent is where the organisation has an existing business relationship with the account holder or the ‘nominated’ person. The instances where an ‘existing business relationship’ exists remains unclear but appears to require an ongoing transactional relationship.
• Only the telephone account holder or ‘nominated’ person can consent to receiving telephone marketing calls on the number registered, however it appears that an organisation will be permitted to rely on an individual’s undertaking that they have been ‘nominated’.

Obviously, a number of grey areas remain, and it is understood that ACMA will now develop regulations that will add detail to the new laws. These regulations will determine the mechanics of the Do Not Call Register and how it will operate. They will also address issues relating to the standards that telemarketers will be required to follow on such issues as, permitted calling times and the termination of calls.

The maximum fine for repeated non-compliance under the new law is more than $1m.