Sales Calls and the Applicability of the National Do-Not-Call List

Commentary

The FTC has settled charges against several companies and individuals which alleged that the defendants deceived consumers who were trying to sell timeshare properties.  The defendants obtained upfront fees from consumers after representing that they could sell the consumers’ timeshares.  Federal Trade Commission v. Vacation Property Services, Inc., et al.  The companies surrendered almost all of their assets to the FTC and are prohibited from misrepresenting material facts about any good or service offered in the future.  The FTC also charged that the calls violated the national “do-not-call” list.

Comment: There are mixed decisions regarding applicability of the national “do-not-call” list to persons selling items, e.g. real estate, cars, etc.  You should carefully review compliance with state and federal “do-not-call” lists for these calls as the FTC may not accept the argument that you are selling anything, i.e. you are helping the seller of the merchandise sell their item with these calls.

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Telemarketing Connections Newsletter April/May 2012