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Telemarketing Compliance

Telemarketing compliance is not an option… it’s a requirement. That is unless you want to get your call center shut down and pay some hefty fines issued by the FTC or the FCC. Premier Product Placement takes all marketing compliance rules and regulations very seriously. We require all of our call centers to remain compliant at all times. It’s important to play by the rules of the game so that we can protect ourselves as well as the consumers we market to.

The challenge is keeping up with all of the rules. This can become a very big problem…

We have a Solution: The Compliance Alliance

mca-logoMost, if not all, of the compliance review/audit programs available today in the telemarketing space offer a “snapshot” approach to compliance – a one-time analysis of current practices, followed by a report listing out proper steps to remediate identified problems. The client call center is left with the difficult task of implementing the remedial program, normally without ongoing assistance from the attorneys/consultants who conducted the initial review. Further, the call center has little to no opportunity to seek assistance or information from other similarly situated call centers as a means to compare the efficacy of different approaches to specific compliance issues.

The Compliance Alliance program offered by the Marketing Compliance Association adopts a different approach. Recognizing that the majority of small to mid-size call centers in the United States lack sufficient resources to engage a full-time Compliance Officer, the Compliance Alliance: 1) provides Compliance Officer services via a more “virtual” environment; and 2) leverages the expertise of the best and most experienced compliance professionals available. Rather than a large one-time bill associated with a comprehensive audit with little to no follow-up, the Compliance Alliance bills its members on a monthly basis and provides ongoing assistance and guidance. Members know exactly what to expect in terms of their compliance costs – something which the Alliance has found to be very attractive to many companies. Rather than an intense, and brief, period of compliance practice analysis, the Alliance provides its services in an ongoing manner, at the pace and at the timeframes desired by its Members.

The MCA and the Alliance program were founded and designed by Mitch Roth and Joseph Sanscrainte, two of the most recognizable names in telemarketing compliance in the United States. Both Mr. Roth and Mr. Sanscrainte have over 10 years of experience in all phases of telemarketing compliance. The Compliance Alliance program consists of: 1) a core set of deliverables made available to every Alliance Member in return for a monthly fee; and 2) a menu of additional services available at the option of the Member (at additional cost).

Merchant Processing Affiliate Program


The Core Compliance Alliance program delivered to Members consists of:

  • Registration Review: Each Member’s calling practices are reviewed in order to determine what states, if any, the Member should (or shouldn’t) be registered in.
  • Compliance Library: Each Member is given access to a Compliance Library that contains sample policies for all compliance-related issues, as well as additional materials like white papers, memoranda of law, and important publications from the FTC, FCC, and the states.
  • Policy Implementation: Assistance with implementing a compliance policy training and dissemination program.
  • Do Not Call Compliance: Assistance with implementing a “failsafe” Do Not Call compliance program (i.e., working with the Member to ensure that its current practices meet state and federal requirements, and as appropriate and necessary, coordinating the delivery of additional Do Not Call list database procedures).
  • “Call an Attorney” Program: pick up the phone and speak with either Mr. Roth or Mr. Sanscrainte… without having to worry about billable hours!

Additional services are provided based upon Member needs and at the request of the Member, and include, but are not limited to, the following:

  • Assistance with reducing and processing chargeback requests.
  • Responses to Attorney General complaints (i.e., the call center’s responses come from either Mr. Roth or Mr. Sanscrainte).
  • Responses to Better Business Bureau complaints.
  • Review of internal human resource manuals and other policy documentation.
  • In-person/remote compliance training (for management and sales representatives).
  • Assistance with handling litigation, subpoenas, and Civil Investigative Demands related to telemarketing compliance issues.
  • “Rapid Response Team”: assistance with handling Temporary Restraining Orders associated with telemarketing compliance issues.
  • Review of privacy and data security practices.

mitchell-roth

Mitchell N. Roth

Mitchell Roth is one of the Nation's most experienced attorneys when it comes to State and Federal direct marketing laws. He counsels his clients on how to develop effective marketing strategies to ensure compliance with internet, direct mail, email and telemarketing laws. He has an incredible amount of experience with defending clients in enforcement actions brought forth by the Federal Trade Commission and State Attorney Generals alleging violations of various marketing laws and guidelines.

Mitchell Roth serves as outside general counsel for the American Teleservices Association, which is a national trade association dedicated to the teleservices industry. Mr. Roth is also a frequent speaker on legal issues related to the direct marketing and telemarketing industries.