Telemarketing Strictly Prohibited by ACN

by Robert T. Stephan

The Federal Trade Commission has a national Do Not Call Registry.  Telemarketers are not allowed to call any person whose number is on the registry.  The registry is nationwide in scope and covers both interstate and intrastate telemarketing calls.
The only telemarketing calls allowed are: 

    • Calls from an organization with which you have established a
       business relationship.
    • Calls from one who has been given prior written permission.
    • Calls which are not commercial.
    • Calls on behalf of tax-exempt non-profit organizations.

The individual states have similar laws and provide penalties for any violations.  Complaints can be filed by both/either state or federal authorities.

The FCC is permitted to fine a company up to $11,000 per violation. On one occasion the Federal Communications Commission issued a proposed fine of $78,000 (assessed at $1,000 for 78 apparent violations) against AT&T for violations of the do-not-call rules.

ACN acts in accordance with state and federal laws when it imposes restrictions on the way Independent Representatives conduct their business.  The rules set out in the policies and procedures have been devised after a careful study of network marketing and consumer protection laws.

Not all state laws are the same and it is not always easy to navigate the differences among the 50 states and the different countries in which ACN presents business opportunities.  ACN Global Counsel Colleen Jones and General Counsel Keith Kuder work alongside the Legal Advisory Committee to promulgate rules that do not impede upon the independent contractor status of ACN representatives but only to place each business on a sound legal foundation.

The ACN Policies and Procedures strictly prohibit telemarketing and random, or auto-dialing, marketing by ACN Independent Representatives.  This limitation applies to both customer acquisition and recruiting activities.