Voice Broadcasting/Voicemail Legalities?

11 years ago

DNC - Federal and State telemarketing requirements applicable to business-to-business calls

Looks like I'm fine? NY State

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Rearden

11 years ago

It's legal, but largely a waste of time.

Just pick up the phone and dial.

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MRomeo09 11 years ago

Originally Posted by Rearden

It's legal, but largely a waste of time.

Just pick up the phone and dial.

Total horse malarky. If you couldn't get it to work, just tell it like it is. You couldn't get it to work. But to flat out say it doesn't work is just misleading people. Rather than saying something doesn't work, why not try to find out exactly HOW to get it to work? Or figure out why it didn't work for you?

I did this with a client just recently on a JV. We structured a three part voice broadcast to a very specific list that was affected. What many people don't understand is the ADA had changed the standards for ATM Accessibility, and many ATM owners were forced to upgrade machines.

New Regulations Under Americans With Disabilities Act Affect ATMs - Godfrey & Kahn

We used a shock and awe message done in a celebrity imitators voice. Told them we had the answer at thousands less than what others would charge and thousands less than fines they could receive. We spent less than $2,000 putting together a list(roughly 12,000 businesses) and doing the three step voice broadcast. As a result of the voice broadcast he was able to book work for six months solid. And he honestly couldn't handle what he had(it's only a six man operation). He had to rent a few large trucks so that he could take up to 100 machines per road trip. This was just one very small specialized niche. That was about a year and a half ago. We've identified about a dozen more niches, but he now has as many service contracts as he wants and probably won't pursue them.

Here are my hints.
1. Have a hook. Hire a copywriter if you must to deliver 60 seconds of pure gold. It's worth the money.
2. Don't have a random message, have a detailed message that sounds like it's JUST for them. I.e. only do VB for plumbers, hit plumbers hot points.
3. If you can, combine voice broadcast with direct mail/post cards. The two are dynamite.
4. Celebrity imitations are memorable and fun.
5. Make it fun and interesting, if they invite their friends over to their desk "Hey Tim listen to this". You're right on.
6. Make a non-threatening call for action. A free report, a 10 minute phone consultation, etc.

Don't mean to be offensive Rearden, but Voice Broadcast very definitely works and it's not really fair if you make it seem that it does not.
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LuxMan

11 years ago

Why do you think it's a waste of time? All of my clients are from direct referrals but the CPA of voicemail broadcasting appears to be worthy...

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Jack Gordon

11 years ago

Generally speaking, the Telephone CONSUMER Protection Act (TCPA) would not apply. However, there is an important exception that you should be aware of, and it could be a very expensive mistake to make.

Where would you be getting your list of phone numbers from? Because many small businesses are run off of the owner's cell phone. There are two ways you could get burned there.

1) If the phone is in the name of the owner, not the business, you have just technically called a consumer
2) If you are calling a cell phone, it probably doesn't matter whether you are calling a business or a consumer, as there are independent restrictions on cell phone dialing

TCPA litigation can be extraordinarily painful: $500 or $1500 per CALL. My advice would be to find a creditor rights defense attorney in your area for a consultation before you decide if or how to proceed. They have the most experience in dealing with TCPA lawsuits, and they would be the ones who could steer you appropriately on this.

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LuxMan 11 years ago

Originally Posted by rocket2uranus

Where would you be getting your list of phone numbers from?

dexknows.com and yelp.com
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- Jack Gordon 11 years ago
  
  Originally Posted by LuxMan
  
  dexknows.com and yelp.com
  
  Don't do it. Even if you get some business from it, one lawsuit from a savvy plaintiff (believe me, they are out there) can wipe you out.
  
  Thanks
  
  2 replies
  
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  samrand 11 years ago
  
  Originally Posted by rocket2uranus
  
  Don't do it. Even if you get some business from it, one lawsuit from a savvy plaintiff (believe me, they are out there) can wipe you out.
  
  Do you know anybody that it happened to?
  I thought broadcasting was legal b2b. If I were to do
  it i would get the numbers from a business listing
  like yellow pages so its a verified business number (I assume).
  
  Not my field of expertise but if you are unsure of what
  the law states I would check with a lawyer to get clarity.
  
  I would also always have an opt out do not call option
  when broadcasting. Using that and business listed phone
  numbers you should be in full compliance.
  
  I could see a business possibly try to get you in trouble if you kept broadcasting
  them even if they opted out. (Your broadcaster should be able to scrub).
  
  Thanks
  
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  DABK 9 years ago
  
  There's a distinction to be made:
  
  if they run their business from cell phones and they don't advertise those cell phone #'s to the public
  
  vs
  
  they advertise them to the public.
  
  If you put your cell phone under a business listing in yelp, you are advertising it to the public, it's not a consumer's phone number.
  
  I know this part because some attorney who was representing the party suing some company over phone calls to private numbers asked me if I had received such calls on my private cell phone # from that particular company.
  
  And I said, yes. At the time, I had my number only as the purchaser of a domain name and you could find it only by doing a whois look up for my domain name.
  
  I was receiving my calls on my cell via a google number on my site.
  
  Though Godaddy publishes the number, it's nor fair game as it was not me publishing it.
  
  When the class action suit ends, I'm entitle to a few bucks from being so severely abused! Might end up being a whole $2! (I don't know, really. I once got a $1.97 settlement from some class action suit I seem to have been part of.)
  
  Originally Posted by Jack Gordon
  
  Don't do it. Even if you get some business from it, one lawsuit from a savvy plaintiff (believe me, they are out there) can wipe you out.
  
  Thanks
  
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Rearden

11 years ago

Run the broadcast on a couple thousand suspects and you'll see.

You're better off just calling yourself.

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samrand

11 years ago

I also agree it could be a waste of time if your
broadcast is going out during normal biz hours and its
being caught by a bunch of gatekeepers. That's
a lot of wasted minutes that you've purchased.

I can see it working well if perhaps you could broadcast
at a time know one is fielding calls yet (8:30 am)
and you have your system setup to leave a compelling message
on a voicemail. That could surely garner responses.

Let us know your progress if you proceed with this.

Sam

Thanks

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Rearden

11 years ago

Good job.

VB Voicemails or VB Press-1 Leads?

Please excuse my lack of specificity.

Anecdotally, most people ask questions about VB are newbies to sales and marketing, neither having the experience selling nor the budget necessary to perform a full-fledged marketing analysis, script-design and the hiring of a marketing coach guru.

Of course it COULD work. And it does for many. Look at the auto warranties and credit card debit settlement companies that have made millions (and lost it to FCC violations), not to mention the Google Places marketing (that was a good one).

VB is just a way for non-starters who are looking for a way around the uncomfortableness of prospecting cold.

Thanks

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MRomeo09

11 years ago

In Orlando(Disney), will answer in detail when I come back.

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We do not have to become heroes overnight. Just a step at a time, meeting each thing that comes up ... discovering we have the strength to stare it down. - Eleanor Roosevelt

Your opinion of yourself becomes your reality. If you have all these doubts, then no one will believe in you and everything will go wrong. If you think the opposite, the opposite will happen. Itâ€™s that simple.-Curtis Jackson- 50 Cent

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ibespoke

11 years ago

New to the forum. I have tons of experience with VB. As with anything, you need to have all of the pieces put together properly to get the desired results.

If you are still interested, I can share my experience, results & recommendations.

Thanks
1 reply

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TeamDoug

10 years ago

Originally Posted by ibespoke

New to the forum. I have tons of experience with VB. As with anything, you need to have all of the pieces put together properly to get the desired results.

If you are still interested, I can share my experience, results & recommendations.

Hi, I'm very interested in info on VB in todays marketing world. Seems like nothing is working out there. It's hard to get emails through and that only leaves VB or cold calling and that takes forever.

Appericate any and all help here...THX...Doug

Thanks
1 reply

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Ron Lafuddy

10 years ago

Originally Posted by TeamDoug

Hi, I'm very interested in info on VB in todays marketing world. Seems like nothing is working out there. It's hard to get emails through and that only leaves VB or cold calling and that takes forever.

Appericate any and all help here...THX...Doug

Doug,

Last Friday, while driving around to take care of some errands, I got a business idea.

I like to test ideas on the market first, before spending additional time on them.

My goal is to determine viability, as fast as possible.

So, I stopped in to discuss the idea with a business owner. He is in a business related to the idea but he was not someone I knew, so it was a "cold call".

I got immediate, positive feedback. Enough positive feedback, that I'm pursuing the project and expanding it beyond the original scope.

Had I not been in the car, I would have picked up the phone and called. In a matter of minutes I would have had the feedback I was looking for.

Could you please explain to me how cold calling "takes forever"?

Thanks

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jwcrowson

11 years ago

Hi, my name is James Crowson, and I thought I would contribute to the thread a bit.

I do not have a law degree, but I can think I can contribute value to the questions/issues raised here, because I have an earned graduate degree in public policy with my research emphasis in federal voice broadcasting law from the University of Oklahoma. This enables me to help (admittedly not advise) my voice broadcasting clients to be compliant. Like another member above in this thread said, B2B dialing is virtually unregulated. One can be tremendously successful just calling B2B. I know b/c I dial B2B on a daily basis. Stay away from B2C dialing like it's the plague. By the end of this fiscal year (Sep. 30, 2013), dialing any residence with a prerecorded message using an ADAD (automated dialing announcement device) will be illegal under ANY/ALL circumstances regardless of WHO initiated the call. The FTC and FCC mean business with this new amendment to the 2003/2008/2010 Telemarketing Sales Rule.

James Crowson.

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TheBigBee 11 years ago

It takes a lot of testing on so many variables to eek out a consistent 2% conversion. I would advise that you find and read anything and everything related to "lead response management."

Learning the who, what, when, where, etc behind lead response will help inform your VB strategies a ton!
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Voasi

11 years ago

B2C is illegal. My old business partner had they largest lawsuit at the time for it.

B2B is still great - but as Romeo said, you need to test it. I had put out a course about how we were doing it successfully.

It takes a little time to understand. Most people just think they upload a message, click go and wait for the phone to ring. Unfortunately, with most marketing, you need to have the right message, a deep funnel and a fantastic team to close.

Some of the largest SEO companies today are still purely built from VB. I know because I've been apart of organizations AND I've hired their sales reps.

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Rearden

11 years ago

One way Press-1 vendors are skirting the B2C law is to begin the conversation with a live telemarketer, which is transferred to a recorded message.

That's how the life insurance lead pimps are describing how they can do it without paying a hefty fine.

Originally Posted by Voasi

B2C is illegal. My old business partner had they largest lawsuit at the time for it.

B2B is still great - but as Romeo said, you need to test it. I had put out a course about how we were doing it successfully.

It takes a little time to understand. Most people just think they upload a message, click go and wait for the phone to ring. Unfortunately, with most marketing, you need to have the right message, a deep funnel and a fantastic team to close.

Some of the largest SEO companies today are still purely built from VB. I know because I've been apart of organizations AND I've hired their sales reps.

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IndianaJones 9 years ago

Originally Posted by Voasi

B2B is still great - but as Romeo said, you need to test it. I had put out a course about how we were doing it successfully.

Please post a link to your course here. Thank you.

Indiana
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Chris Beatty

11 years ago

Using voice broadcast changed my business by allowing me to only speak to interested parties. I was working a full time day job and had limited hours to close clients!

It definitely works but as it's been noted before, you need a great script! My biggest piece of advice is think about WHO you're calling and what it is that they really want!

For example, if you're selling SEO services...... In my experience... do not mention SEO. Just talk about them getting new clients. Speak their language!

- Chris

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How I Generated 217 INBOUND Phone Calls For My Marketing Agency <------- Scripts Are Included

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seoevangelist

11 years ago

The most effective way hands down is to make sure you leave your voice broadcast as a message and not to a live person. Many studies show that this is much more effective, and way less offensive. My system will automatically hang up if a live person picks up the phone, and even if they call the number back they will basically get the same message so it works either way.

Also at the moment almost no local businesses are using this so it's mostly a national company, someone selling magazines or network marketing types of calls. When someone gets one of these calls from someone they know.....way more powerful and if the offer is strong they will appreciate is and use it, a strong R.O.I. here for local companies marketing to THEIR targeted market and especially to their own customer base....any changes to these laws will not affect calling your own customers/database.

HUB

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aravindl

11 years ago

[DELETED]

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MarcusMcDaniels

10 years ago

Originally Posted by aravindl

Hi friends...today am going to introduce a voice broadcasting website for your product and customer services. It has been working http://www.myvoicedialing.com since 2006 it has a lot of satisfied customers in the world.

I tried the link and it says 502 Bad Gateway. (Maybe the site is down?) What are their prices? I'm currently using Message Communications (Message Communications, Inc. - The Most Advanced & Lowest Cost Voice Broadcasting Platform) and i'm paying $0.007 per minute (less than a penny a minute) on their re-seller program. I'm happy with their service as they provide the list to call as well, but i'm always open to saving money and switching over to a cheaper company.

By the way, on the legality issue.... I'm able to scrub out wireless numbers, and scrub against the national do-not-call list with the company i'm currently using. I think that should protect me from the legal implications? no? Besides, they provide the list to me so I don't have to go buy it.

-MM

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2 replies

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IndianaJones

9 years ago

Originally Posted by MarcusMcDaniels

I tried the link and it says 502 Bad Gateway. (Maybe the site is down?) What are their prices? I'm currently using Message Communications (Message Communications, Inc. - The Most Advanced & Lowest Cost Voice Broadcasting Platform) and i'm paying $0.007 per minute (less than a penny a minute) on their re-seller program. I'm happy with their service as they provide the list to call as well, but i'm always open to saving money and switching over to a cheaper company.

By the way, on the legality issue.... I'm able to scrub out wireless numbers, and scrub against the national do-not-call list with the company i'm currently using. I think that should protect me from the legal implications? no? Besides, they provide the list to me so I don't have to go buy it.

-MM

Is this still legally working for you?

Thanks,

Indiana

Thanks

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IndianaJones

9 years ago

Originally Posted by MarcusMcDaniels

I tried the link and it says 502 Bad Gateway. (Maybe the site is down?) What are their prices? I'm currently using Message Communications (Message Communications, Inc. - The Most Advanced & Lowest Cost Voice Broadcasting Platform) and i'm paying $0.007 per minute (less than a penny a minute) on their re-seller program. I'm happy with their service as they provide the list to call as well, but i'm always open to saving money and switching over to a cheaper company.

By the way, on the legality issue.... I'm able to scrub out wireless numbers, and scrub against the national do-not-call list with the company i'm currently using. I think that should protect me from the legal implications? no? Besides, they provide the list to me so I don't have to go buy it.

-MM

Still legally working for you?

Thanks
1 reply

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MarcusMcDaniels 9 years ago

Originally Posted by IndianaJones

Still legally working for you?

I haven't gotten sued or anything, if that's what your asking. Maybe because I scrub against their internal shit list. LOL.... They have an internal "Vexatious Litigant" list I scrub against. They call it the "Company Wide Do Not Call List".
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Rearden

11 years ago

Press-1 voice broadcast leads were a high-quality, low-price, extremely-scalable marketing medium to sell life insurance, that's been all but eliminated through government intervention.

There is a lead vendor that supposedly skirts the B2C regs by initiating the calls with a live person, and transfers them to a pre-recorded message with the individual's consent.

Anyone have any experience with this approach to voice-broadcasting B2C?

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Jack Gordon

11 years ago

Originally Posted by Rearden

There is a lead vendor that supposedly skirts the B2C regs by initiating the calls with a live person, and transfers them to a pre-recorded message with the individual's consent.

lol, what's the point? If you actually have a dialogue happening with a real human being, that is NOT the time to send them to a recording. You might as well ask them if they wouldn't mind visiting your website and calling back sometime if they are interested.

I can't imagine how anyone sells that concept as a viable business strategy.

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Rearden

11 years ago

Me neither, but the lead generators claim it works.

Client conversion is about 30 percent from these leads, albeit he's a skilled insurance salesmen.

The reason I care is the heightened scalability in combination with the reduced per-lead cost.

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Jack Gordon

11 years ago

I suppose anything is possible. It seems like there would have to be an awful lot of positive reactions to make something like this work.

So, my big question would then become how do you measure success? Is it measured scientifically against itself with a/b testing on the same list, where the b test is not sending people to a recording?

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Rearden

11 years ago

Success is measured by (a) cost per lead, with secondary consideration to ramp up time. Script of course plays into it.

That's all the marketer can control. The ROI is almost all dependent on the agent working the lead.

There are some anecdotal benefits to running telemarketed generated leads; they do tend to pick up the phone more often than direct mail leads. Meaning you might set more appointments over the phone, or do better pre-qualifying.

Originally Posted by rocket2uranus

I suppose anything is possible. It seems like there would have to be an awful lot of positive reactions to make something like this work.

So, my big question would then become how do you measure success? Is it measured scientifically against itself with a/b testing on the same list, where the b test is not sending people to a recording?

Thanks

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47usc227

9 years ago

Don't do it. Even if you get some business from it, one lawsuit from a savvy plaintiff (believe me, they are out there) can wipe you out.

Listen to Jack... except on the $500 to $1500 part, TCPA damages are actually up to 3k per call. Jack, C'mon man, you should know this.

Looks like I'm fine? NY State

Looks like you are screwed to me.

It shall be unlawful for any person within the United States, or any person outside the United States if the recipient is within the United States—
(A) to make any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using any automatic telephone dialing system or an artificial or prerecorded voice—
It shall be unlawful for any person within the United States, or any person outside the United States if the recipient is within the United States—
(A) to make any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using any automatic telephone dialing system or an artificial or prerecorded voice—

If you put your cell phone under a business listing in yelp, you are advertising it to the public, it's not a consumer's phone number.

It doesn't matter. I'd be suing anyone that called my cell phone unsolicited at 3k per call.

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Voice Broadcasting/Voicemail Legalities?

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