In the course of its Telemarketing Review Program, ERSP routinely monitors telemarketing sales calls and scripts of participating companies, and keeps an ear out for hot-button issues such as earnings claims, sales pressure, selective and/or qualified enrollment, and other FTC red flags, such as failure to notify the customer that the call is being recorded and/or monitored, and whether a sales representative properly identifies his or herself and their respective company.
ERSP strives to advocate truthful and substantiated advertising and telemarketing practices, and looks to several federal and industry regulations for guidance, including the FTC’s Telemarketing Sales Rule (16 C.F.R. Part 310), the Business Opportunity Rule (16 C.F.R. Part 437), the FTC Act (15 U.S.C. §45), and the Better Business Bureau Code of Advertising (“BBB Code”). This program is a self-regulatory program to promote best practices, and is not a determination of compliance or lack of compliance with legal standards.
ERSP is currently monitoring the telemarketing sales calls for four (4) participating companies, and is continuing to expand its program to include additional participants. The companies have expressed their willingness to participate in this voluntary self-regulatory program, and ERSP recognizes the bona fide, good faith effort to convey a truthful and accurate message in participants’ marketing materials.
For more information about the program, please contact Leanne Gabinelli, ERSP staff attorney, at LGabinelli@ersp.bbb.org or (212) 705-0106