A: The TSR does provide a “safe harbor” provision for inadvertent mistakes. However, the seller or telemarketer must be able to show that, as part of its routine business practice, it meets all of the requirements of the safe harbor to avoid penalties. To meet the safe harbor requirements, the seller or telemarketer must demonstrate that:
- it has written procedures to comply with the Do Not Call requirements;
- it trains its personal on those procedures;
- it monitors and enforces compliance with these procedures;
- it maintains a company-specific list of telephone numbers that it may not call;
- it accesses the National Registry no more than 31 days ( starting January 1, 2005) before calling any consumer, and maintains records documenting this process; and
- any call made in violation of the Do Not Call Rules was the result of an error.
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