With call centres of Australian corporates continuing to be relocated to offshore jurisdictions especially in the current economic climate where cost-efficiency is king, the risk of non-compliance has become more pronounced.
This was highlighted in recent months with telecommunications company Dodo Australia paying $147,400 in penalty following investigations by the Australian Communications and Media Authority (ACMA). The authority found that an offshore call centre made telemarketing calls on Dodo’s behalf to numbers on the Australian Do Not Call Register (DNCR).
Last week, risk of non-compliance was again highlighted with reported breaches by one of Australia’s major banks, Westpac Banking.
A news bulletin by ACMA reported that the authority issued a formal warning to Westpac after it has found that the bank’s call centres had made prohibited telemarketing calls to DNCR numbers.
The ACMA bulletin reported that Westpac has responded positively by implementing a number of new procedures to address the issues identified in ACMA’s investigation. Among the new procedures that Westpac has reported to have introduced is to check all calling lists against the register, including telephone numbers of existing customers.
If we have read the news bulletin correctly and that this is the first time that Westpac is introducing this call-out procedure, we are tempted to conclude that compliance control procedures must have taken a backseat prior to the bank operationalizing its call centres.
From what we gathered, even as early as three years ago, automated telemarketing systems have already been available in the industry where call lists are “pre-washed” and regularly updated against DNCR numbers before these are handed over to call centres.
In the case of Dodo Australia, ACMA had reported that the company “has cooperated with ACMA’s investigation, paid the specified penalty, and taken some very positive steps to amend its procedures. It has avoided costly court action, and responded proactively to the issue.”
With these two high-profile cases, it is wise for call centres and telemarketers especially those of the telcos’ to check what systems they have in place to ensure that they comply with relevant privacy legislations. According to ACMA, complaints against telcos accounted for more than 50 per-cent of total complaints lodged with the authority over the past 12 months to January 2009.
By way of a backgrounder, ACMA has issued the following:
The Do Not Call Register Act 2006 prohibits telemarketers from calling numbers on the Do Not Call Register.
Individuals can list their Australian fixed line or mobile telephone numbers on the Do Not Call Register, provided those numbers are used or maintained primarily for private or domestic purposes (for example, calls to family and friends).
Registration means that individuals have opted out of receiving a wide range of unsolicited telemarketing calls. Registrations are valid for three years, and can be removed from the register at any time. To date, more than 2.7 million phone numbers have been registered.
From 31 May 2007, it became unlawful, in the absence of consent, for any telemarketer in Australia or overseas to make non-exempt telemarketing calls to a number listed on the register.
The other side of telemarketing
If you are an Australian resident and you do not want to receive unsolicited telemarketing calls or you want to opt out of a consent which you previously gave to receive telemarketing calls, then you need to register your telephone number (fixed line or mobile) with the Do Not Call Register agency.
There are three ways to register. You can register (1) online, (2) by phone at 1300 792 958, and (3) by postal application by sending your application to Do Not Call Register PO Box 42 North Melbourne Vic 3051.
Have you registered your private number yet?
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Thanks Rommy for this vital piece of information regarding call center specifically those who handles australian account. i should forward this link to my friends who are on telemarketing industry to serve not just a warning but also an information.
Ramil – US, Canada, UK and New Zealand have similar legislations which restrict telemarketers from calling DNCR numbers. Governments are getting stricter in this regard. There are also moves to include fax numbers but this is still in early stage. Regards.
Hi Romy,
Thank you, this piece of advice is very important. Is that include a 501(c)(3) non-profit organization? if so, can you help us get the word out in Australia as well as other part of the world our kababayan. Helping each other here in abroad we be able to help our people in the Philippines one person at the time and change live one child everyday. Our goal is to make a different. For more info please visit the charity’s web site you may sign-in either use the product as consumer or become business builders earn extra income. What do you think?
Mae – Thanks for the feedback. Certain public interest organisations are still allowed to make specific types of telemarketing calls to phone numbers listed on the Do Not Call Register for enable these organisations or individuals to continue in providing services to the community. These include: “charities or charitable institutions, educational institutions, religious organisations, government bodies, registered political parties, independent members of parliament, and political candidates.”