What is telemarketing?
Telemarketing is using phone calls or messages to encourage people to buy goods or services, a term federal FCC and FTC rules each define.
How federal rules define it
There are two federal definitions:
- FCC rules (TCPA): telemarketing is "the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person."
- FTC rule (TSR): telemarketing is "a plan, program, or campaign which is conducted to induce the purchase of goods or services or a charitable contribution, by use of one or more telephones and which involves more than one interstate telephone call."
The FCC definition turns on the purpose of the call, not the technology used to place it.
Why it matters for sales teams
Whether a call is telemarketing decides which rules come into play, such as do-not-call lists, calling time restrictions and consent for prerecorded or autodialed calls.
FCC rules also use a narrower term, telephone solicitation. It uses the same words but leaves out calls made with the person's prior express invitation or permission, calls to someone the caller has an established business relationship with, and calls by or for a tax-exempt nonprofit. The FCC's registry and calling-hours rules apply to telephone solicitations.
This is a general definition, not legal advice.