Telemarketing and Research Calls Industry Standard: What's new? | ACMA

Telemarketing and Research Calls Industry Standard: What's new?

Remade telemarketing standard: what you need to know

The Telecommunications (Telemarketing and Research Calls Standard) 2017 replaced the Telemarketing and Research Industry Standard 2007 on 29 March 2017.

It provides rules for callers businesses, entities and individuals making telemarketing and research calls, specifying:

  • when calls can be made
  • what information must be included in calls
  • when calls must be terminated
  • the use of calling line identification (CLI).

So what’s changed and what do I need to do?

Where consent has been given to call outside of the permitted hours

The new standard clarifies that the consent obtained to call outside permitted times must be express consent. Express consent is where a person clearly indicates to your business or organisation that they’re willing to receive telemarketing calls or marketing faxes from you, and gives their number to your business for that purpose..

Changes to information that must be included in calls

For telemarketing calls other than research calls:

Your scripts will need to be updated to accommodate the following changes:

  • The name of the employer of the person making the call now has to be provided at the start of the call. You should use the registered business name if possible; otherwise, a name that easily identifies the organisation or self-employed individuals.
  • Where contact details are provided on request, the information must be current and accurate. In addition to the suitable telephone number, contact options now include directing the call recipient to your web address (if it has a customer contact facility or includes a street address, postal or business address, or email address).

For research calls:

  • Researchers need to provide the name of their employer at the start of the call unless by doing so the researcher would reveal the company they are calling on behalf of (which might be the case where the research company is conducting research on its own behalf or for a related entity). In this case the name of the telemarketing company must be provided before the end of the call (unless the call is terminated before this can happen) or immediately if requested by the consumer.
  • The name of the person who caused the call to be made is no longer required to be provided at the end of the call (except in the circumstances directly above).
  • Under the new standard, you no longer have to provide the following information:
  • the employee or staff identifier of the individual making the call (their given name must still be provided)
  • details of where the person calling obtained the Australian number called
  • the name of the person the call was intended for
  • the name and contact details of any entity that disclosed to the caller the Australian number called and or/the name of person the call was intended for.

Changes to CLI arrangements

Telephone numbers for return contact by the call recipient must remain available for at least 30 days from when the original call was made to the call recipient. When a call recipient makes a return call to the number transmitted by CLI, he or she must be able to obtain the following information with a reasonable period of time:

For telemarketing calls other than research calls:

  • the name of the employer of the person who made the call
  • the purpose of the call
  • who caused the call to be made.

For research calls:

  • the name of the employer of the person who made the call
  • the purpose of the call.

The standard is available at: https://www.legislation.gov.au/Details/F2017L00323

Last updated: 16 May 2017