Phone calls can still win business that email and ads miss. A friendly call to the right person can open a conversation fast. But calling people to sell something is regulated in Australia. Getting the basics wrong can lead to complaints and action from the regulator.
This post explains the main rules for business telemarketing in plain terms. It covers the Do Not Call Register, calling hours and what callers must say. It also covers permission, record keeping and outsourced call centres. It is general information only, so check the current rules before you start a campaign.
What the Do Not Call Register is
The Do Not Call Register is a free list where Australians can register their personal phone numbers. It is managed by the Australian Communications and Media Authority, known as the ACMA, on behalf of the Australian Government. The register is set up under the Do Not Call Register Act 2006. Calling rules are also set by the Telecommunications (Telemarketing and Research Calls) Industry Standard 2017.
Home and mobile numbers used mainly for personal purposes can be registered. Fax numbers can also be registered. Business phone numbers cannot be registered. That means the register mainly affects businesses that call consumers at home or on personal mobiles.
If you already use text messages to reach customers, similar care applies. Our post on the best SMS marketing tools covers the software side. Phone calls and texts are separate channels with separate rules. Check which rules apply to each one before you plan a campaign.
Washing your call lists
Before calling, a business must check its list against the register. This is called washing the list. The Do Not Call Register industry guide explains that a washed list shows which numbers are registered. Those numbers should be removed unless you have permission to call them.
The guide says a washed list should not need washing again for 30 days. That is because new registrations become active 30 days after they are made. Washed results are also available to download for 30 days. Many businesses build a monthly wash into their routine for this reason.
Subscriptions to the washing service are priced by list size and how often you wash. They run for 12 months. A free category is available for first time or small scale use. The Quick Check facility lets you check fewer than 10 numbers at a time.
When businesses can make telemarketing calls
The ACMA telemarketing rules set clear calling hours. Telemarketing calls can be made from 9am to 8pm Monday to Friday. On Saturday the hours are 9am to 5pm. Calls are not allowed on Sundays or on national public holidays.
Research calls have slightly different hours. They can be made from 9am to 8.30pm on weekdays and 9am to 5pm on weekends. They still cannot be made on national public holidays. A call that includes a sales purpose is not a research call, even if selling is not the main aim.
If you use calls to follow up survey work, keep the two activities apart. Genuine research is treated differently from selling. Our list of online market research tools can help you gather customer views without a sales call. That keeps your research honest and your calling rules simple.
What callers must tell people
At the start of a telemarketing call the caller must give their name and their employer’s name. They must also explain why they are calling. People can ask who the call is being made for if another business arranged it. They can also ask for contact details and for details of who handles complaints.
Calling line identification must show a number the person can call back. The industry guide says that number must stay available for at least 30 days after the call. Calling it should give the person the same information they would get on the call. Blocked or fake numbers do not meet this rule.
Callers must end the call if the person asks them to. They must also end it if the person shows they do not want to continue. Train your staff to accept a no politely and quickly. A calm and respectful end to a call protects your brand as well as keeping you within the rules.
Permission, records and outsourcing
You may be able to call a registered number if the person has given permission. The industry guide says permission cannot be assumed just because a number is published online or in a directory. People can also withdraw permission at any time. Those requests must be acted on.
The guide says express permission expires three months after it was given, unless the person agrees to a set period. Keep clear records of when and how each person agreed to be called. You may need to show that evidence to the ACMA. A simple field in your customer database can record this for every contact.
Many businesses use an outside call centre. The industry guide suggests a written agreement that requires the call centre to follow the rules. It also suggests getting washing receipts and keeping records you can access. Make sure your staff training covers this too, and keep an eye on updates to WA employment law if you employ callers directly.
Exempt organisations
Some organisations can call registered numbers. These include government bodies, registered charities and educational institutions a person attends or has attended. Registered political parties, members of parliament and election candidates are also exempt. Even so, exempt callers must still follow the rules on hours, identification and ending calls.
Most businesses are not exempt. If you are unsure, assume the rules apply and check with the ACMA. Phone calls also sit alongside your other channels. Tools such as the Facebook pixel let you reach people who have already shown interest online, which can mean fewer cold calls.
Frequently asked questions
Can my business call numbers on the Do Not Call Register?
Generally not, unless the person has given permission or your organisation is exempt. You need to wash your list against the register first. Registered numbers should then be removed. Permission cannot be assumed from a number being published online.
What hours can telemarketing calls be made?
Telemarketing calls can be made from 9am to 8pm on weekdays and 9am to 5pm on Saturday. They are not allowed on Sundays. They are also not allowed on national public holidays. Research calls have their own hours.
How often should I wash my call list?
The industry guide says a washed list should not need washing again for 30 days. New registrations become active 30 days after they are made. Many businesses wash monthly for that reason. Wash again before any new campaign.
Can business phone numbers go on the register?
No, business phone numbers cannot be registered. The register is for home and mobile numbers used mainly for personal purposes. Fax numbers can also be registered. Other rules may still apply when calling a business.
This article is general information only and is not legal advice. Telemarketing rules are set nationally but can change, and other consumer laws may also apply, including state and territory laws. Please speak with a qualified lawyer or check with the ACMA about your own situation.