The proposed setup of a “Do Not Call” Register in Australia comes in response to consumer pressure for protection against the telemarketing industry. But is the industry at fault, or are the wayward minority spoiling it for the responsible majority? Mel Jenkins reports.

The proposed setup of a “Do Not Call” Register in Australia comes in response to consumer pressure for protection against the telemarketing industry. But is the industry at fault, or are the wayward minority spoiling it for the responsible majority? Mel Jenkins reports.

Telemarketing is one of the most effective ways to communicate with donors, grow supporter bases, and reduce attrition. The success of telemarketing in both the private and not-for-profit sectors has seen amazing growth in the industry, however this growth has had some negative by-products, and consumer rights are at the heart of recent scrutinizing.

In the past 12 months the media has launched several scathing attacks on telemarketing operators who do not follow (or do not know about) the best practice guidelines that exist. While the articles are often exaggerated and one-sided, they are based on actual consumer experience.

Rogue operators who ignore best practice in the chase of the almighty dollar are not held accountable under current legislation. These telemarketers have created ill-feeling amongst consumers and hence the pressure for legislation.

This legislation is to come in the form of a “Do Not Call” Register, and ultimately the government is trying to achieve two things – to modulate the level of unsolicited calls being received by consumers, and to address inappropriate telemarketing practices (calling against consumer request, pushy sales techniques etc).

This register is not the panacea for all the ills of the telemarketing industry, and although it is one way to protect individuals from unscrupulous operators, by levying large penalties for indiscretions, it does not address poor telemarketing techniques which are one of the major sources of consumer complaint.

The Do Not Call Register is designed to allow consumers to opt out of receiving telemarketing calls. Similar registers already exist in the US and UK, and we can take something away from their experience.

In the US and UK the registers are for phone numbers, not the people attached to the phone numbers, and so problems are caused when people move. Also, once a number is listed on the register there is no way of removing it.

So if I move to a house where the phone number is listed on the Do Not Call Register, I would no longer receive telemarketing calls – even if I wanted them. The register in Australia will need to register individuals and involve an update process of phone numbers for those consumers, rather than registering phone numbers.

Do Not Call registers also do not allow consumers to pick and choose the type of telemarketing calls they want to receive. Currently under discussion is the possibility of a register that allows consumers to make this choice. For example some may wish to receive calls from charities but not from commercial firms.

Another area of concern is the costs of setting up and maintaining the register. Will they be borne by the government or the industry and its clients? And who will manage it?

Other issues up for discussion in relation to the register include:

Should offshore operators be required to follow the same legislation and guidelines as local providers? Should standards be introduced around predictive, random or automatic dialling systems? Should mail or fax communications be included? Possible exemptions for particular sectors (eg: charities or political parties)

Implementation of a Do Not Call Register in Australia poses a significant threat to telemarketing – other countries with such a register have experienced very high levels of registration – around 100 million people exist on these lists already.

ADMA is proposing a staged introduction of the legislation around the Do Not Call Register. The first stage is the introduction of new national telemarketing standards (these can be viewed on the ADMA website: www.adma.com.au) to help reduce incidences of poor telemarketing practice. Introduction of these standards 6-12 months ahead of the Do Not Call Register will allow all stakeholders to realise the impact of them, prior to introduction of a register (stage 2) and hopefully rule out a need for it.

The not-for-profit sector can play a major role in preventing the full implementation of the register by ensuring that the telemarketing experience is much more enjoyable than existing or new supporters expect. The challenge is to ensure that calls are respectful and highly professional – calls that we would personally be happy to receive. Specific requests by supporters in relation to communication must also be diligently observed.

Now, more than ever before, is the time to monitor the telemarketing experiences of donors and supporters. Genuinely service-focused telemarketing must take centre stage to ensure the continued success of this method of fundraising and relationship building.