Telemarketing is a method of direct marketing in which a salesperson uses the telephone to solicit prospective customers to buy products or services. Telemarketing can also include recorded sales pitches programmed to be played over the phone via automatic dialing.
The term telemarketing was first used extensively in the late 1970s to describe Bell System communications which related to new uses for the outbound WATS and inbound Toll-free services.
Telemarketing
Categories
The two major categories of telemarketing are Business-to-business and Business-to-consumer.
Subcategories
Lead Generation, the gathering of information
Sales, using persuasion to sell a product or service
Outbound, proactive marketing in which prospective and preexisting customers are contacted directly
Inbound, reactive reception of incoming orders and requests for information. Demand is generally created by advertising, publicity, or the efforts of outside salespeople.
Procedure
Telemarketing may be done from a company office, from a call centre, or from home. It may involve either a live operator or a recorded message, in which case it is known as "automated telemarketing" using voice broadcasting. "Robocalling" is a form of voice broadcasting which is most frequently associated with political messages.
An effective telemarketing process often involves two or more calls. The first call (or series of calls) determines the customer’s needs. The final call (or series of calls) motivates the customer to make a purchase.
Prospective customers are identified by various means, including past purchase history, previous requests for information, credit limit, competition entry forms, and application forms. Names may also be purchased from another company's consumer database or obtained from a telephone directory or another public list. The qualification process is intended to determine which customers are most likely to purchase the product or service.
Charitable organizations, alumni associations, and political parties often use telemarketing to solicit donations. Marketing research companies use telemarketing techniques to survey the prospective or past customers of a client’s business in order to assess market acceptance of or satisfaction with a particular product, service, brand, or company. Public opinion polls are conducted in a similar manner.
Telemarketing techniques are also applied to other forms of electronic marketing using e-mail or fax messages, in which case they are frequently considered spam.
Regulations
Telemarketing is subject to regulatory and legislative controls related to consumer privacy and protection.
Telemarketing in the U.S. is restricted at the federal level by the TCPA Telephone Consumer Protection Act of 1991 (47 USC Section 227) and the FTC's Telemarketing Sales Rule. The FCC derives regulatory authority from the TCPA, adopted as CFR 64.1200. The Many professional associations of telemarketers have codes of ethics and standards that member businesses follow to encourage public confidence.
Some jurisdictions have implemented "Do Not Call" lists through industry organizations or legislation; telemarketers are restricted from initiating contact with participating consumers. Legislative versions often provide for heavy penalties on companies which call individuals on these listings. The U.S. Federal Trade Commission has implemented a National Do Not Call Registry in an attempt to reduce intrusive telemarketing nationwide. Telemarketing corporations and trade groups challenged this as a violation of commercial speech rights.[ Miller, Jacqui Brown. "Mainstream Marketing Services, et al. v. Federal Trade Commission: Resources and Legal Analysis." ReclaimDemocracy.org. January 20, 2004.] However, the U.S. 10th Circuit Court of Appeals upheld the National Do Not Call Registry on February 17, 2004.[Text of the case and the decision. FindLaw.]
Companies that use telemarketing as a sales tool are governed by the Federal regulations outlined in the TSR (amended on January 29, 2003 originally issued in 1995) and the TCPA. In addition to these Federal regulations, telemarketers calling nationally must also adhere to separate State Regulations. Most states have adapted DNC files of their own, of which only some states share with the Federal Do Not Call registry. Each state also has it's own regulations concerning: permission to record, permission to continue, no rebuttaling statutes, Sunday and Holiday calls; as well as the fines and punishments exacted for violations.
Telemarketing techniques are increasingly used in political campaigns. Because of free-speech issues, the laws governing political phone calls are much less stringent than those applying to commercial messages. Even so, a number of states have barred or restricted political robocalls.
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