Edition 45, June 2007

ACMA sets industry standard for telemarketing and research calls

The Australian Communications and Media Authority (ACMA) has established a national industry standard for making telemarketing and research calls.

The Telecommunications (Do Not Call Register) (Telemarketing and Research Calls) Industry Standard 2007 establishes the minimum standards necessary to provide consumers with greater certainty on the level of conduct they can expect from  unsolicited telemarketing and research callers.

ACMA consulted with states and territories, industry and the general public when developing the standard, and attempted to balance the needs of the various interest groups.

A key requirement was to determine the timing of calls - the standard bans telemarketing calls after 8 pm, and research calls after 8.30 pm on weekdays. No calls are permitted before 9 am on weekdays, after 5 pm on Saturdays, or at any time on Sundays or public holidays unless the recipient has given prior approval. Further, if a state or territory already has a more stringent law, this will take priority.

The industry standard applies to:

  • all telemarketing calls to an Australian number to offer, advertise or promote goods, services, interests in land, business opportunities or investments, or to solicit donations
  • all research calls to conduct opinion polling and to carry out standard questionnaire-based research
  • calls made for the above purposes by organisations exempt from the general prohibition on calling numbers listed on the Do Not Call Register, such as charities, registered political parties and religious organisations. These organisations can still call numbers on the Do Not Call register, as can market researchers, subject to the national telemarketing standard.

In addition, the caller must:

  • provide contact information (as well as detailing the source from which the phone number was obtained and the name of the intended call recipient)
  • terminate the call if asked to do so
  • ensure that caller identification is enabled at the time the call is made.

The standard commenced on 31 May 2007, and will complement the Do Not Call Register. Amendments to the Telecommunications Act 1997 require that agreements or contracts for the conduct of telemarketing activities comply with the standard.

ACMA will review the minimum standards for prohibiting calling times and their relationship to state and territory laws in 12 months' time.

For more information visit www.acma.gov.au

This page was generated on 14 January, 2010

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