Do Not Call Register
Do Not Call Register - An Australian Government Initiative
WHAT IS TELEMARKETING?
Under the Fair Trading Act 1986 (NZ) door-to-door and telemarketing are called ‘uninvited direct sales’.
An uninvited direct sale is when a business or their agent approaches a consumer uninvited to either their home, workplace or over the phone to try to sell goods or services and an agreement is entered in to for either more than $100 or at a price that is uncertain at the time of supply.
The Telemarketing Code of Practice (NZ) defines telemarketing as an unsolicited voice call placed for the commercial purpose of generating business or enhancing relationships.
As an AMWAY Independent Business Owner (‘IBO’) you should be aware that placing a call to a prospect or prospective client where you have no existing relationship is considered telemarketing.
WHAT HOURS AM I PERMITTED TO CALL OR DOOR KNOCK POTENTIAL PROSPECTS AND CLIENTS?
Under the Telemarketing Code of Practice (NZ) a telemarketer can only call between specified times.
Failure to adhere to these times may result in severe penalties, including fines of up to $30,000 for businesses and $10,000 for individuals.
Calls cannot be made at all on public holidays or Sundays, or outside the hours of 8:00am – 9:00pm on weekdays and Saturdays.
For more information, please visit the New Zealand Marketing Association website at http://www.marketing.org.nz/Resources/Regulatory.
IS INTRODUCING THE AMWAY BUSINESS OPPORTUNITY TO A POTENTIAL PROSPECT OVER THE PHONE CONSIDERED TELEMARKETING?
Yes. Under the Fair Trading Act 1986 (NZ) a phone call or fax offering any sort of business opportunity is considered telemarketing.
Placing a call where you have already established permission with the intended prospect to discuss the business opportunity is not considered telemarketing.
IS REQUESTING THE POTENTIAL PROSPECT OR CLIENT TO ATTEND AN AMWAY RELATED INFORMATION SEMINAR CONSIDERED TELEMARKETING?
Yes. Any call placed to a potential prospect or client that they attend an Amway or an affiliated related meeting is considered telemarketing.
Placing a call where you have already established permission with the intended prospect or client to discuss an invitation to an Amway related seminar is not considered telemarketing.
IS OFFERING THE SALE OF AMWAY PRODUCTS TO PROSPECTIVE CLIENTS CONSIDERED TELEMARKETING?
Again, yes. Any phone call or fax sent offering the sale of a good or service to a prospective client is considered telemarketing.
Placing a call where you have already established permission to discuss with the intended client the retail of Amway products is not considered telemarketing.
WHAT IS THE DO NOT CALL REGISTER?
The Do Not Call Register allows a person (but not businesses) to register their telephone and/or fax number if they do not wish to receive unsolicited telemarketing calls or faxes. The Marketing Association has 500 members who use the list to determine who can and can’t be called.
Unlike Australia, the New Zealand Do Not Call Register only stops calls from the Marketing Association’s registered members. Amway of New Zealand is currently not a member.
However, as an IBO, you should be aware that all forms of telemarketing fall under the jurisdiction of the Fair Trading Act 1986 (NZ). This means that any harassing or nuisance calls, and/or faulty cancellation of purchases made via an uninvited direct sale, can be referred to the Commerce Commission and are dealt with accordingly. It is your responsibility to adhere to the Federal and local laws and ensure that you comply with them at all times.
HOW DOES A PERSON REGISTER THEIR PHONE OR FAX NUMBER?
There are three ways to register a number.
- By registering the number online at http://www.marketing.org.nz/Services/Do_Not_Call; or
- By email at email@example.com; or
- By mail by sending your full name, address and telephone number to the following address:
“Do Not Call Register”
PO Box 47681
*DISCLAIMER: It is important that all IBOs understand that as Independent Contractors they have a direct responsibility for compliance with the laws relating to their interaction with members of the public. Please contact the Marketing Association if you have any queries with regard to the application of the Do Not Call Register.
For more information visit the http://www.marketing.org.nz/Services/DNC_DNM_FAQs website or email the Marketing Association service at firstname.lastname@example.org.