Charitable telemarketing is exempt from some, but not all telemarketing laws. Many laws and regulations still apply to charitable telemarketing. Certain autodialer laws apply to charitable telemarketing rules. For example, the FCC's "express consent" requirement for autodialing and texting cell phones applies even to charities and other non-profits.
Also, charities who hire private contractors to engage in sales or telefunding (soliciting donations), are subject to the FTC's jurisdiction any many of its robocall bans. A private telefunder raising money for a charity may not robocall either a landline or cell phone without prior consent. Many state charity telemarketing laws require charities and professional solicitors (fundraisers) to register ahead of time. Review a chart of state charity registrations before getting on the phones.
Thankfully, charity telemarketing laws still exempt non-profits from some of the biggest rules, such as the national Do Not Call list law, for example. If you are a charity or other non profit, or if you are a private fundraiser being hired by the non-profit, you should review all applicable charity telemarketing laws to ensure telemarketing compliance and to avoid telemarketing fines. Speak with a charity telemarketing lawyer to ensure you have interpreted the rules correctly.
Charitable Telemarketing Law
The information on this site is provided by the law firm of Allen, MItchell & Allen PLLC, a law firm for telemarketers and charitable telefunders. Call 801-930-1117 for an affordable consultation.
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