Rules for Telemarketing

Navigating the Maze of Telemarketing: Understanding ACMA's Rules and Dodging Scams

The Australian Communications and Media Authority (ACMA) lays down strict rules for telemarketers to protect consumers from unsolicited calls. However, scammers often disregard these regulations, using the phone as a tool for fraudulent activities. Understanding the difference between legitimate marketing and a potential scam is crucial for your security. Here's a comprehensive guide to ACMA's telemarketing rules and how to identify and report scams.

The Rulebook for Legitimate Telemarketers

ACMA enforces the Telecommunications (Telemarketing and Research Calls) Industry Standard 2017 to ensure that telemarketing is conducted responsibly. Key rules that all legitimate telemarketers must follow include:

• Restricted Calling Hours: Telemarketers can only call you during specific times:

• Weekdays: 9:00 am to 8:00 pm

• Saturdays: 9:00 am to 5:00 pm

• Sundays and National Public Holidays: Calling is prohibited.

• Identification is Key: At the beginning of the call, a telemarketer must clearly state:

• Their first name.

• The name of the business or organisation they are representing.

• The purpose of the call.

• Cease on Request: If you ask to end the call, the telemarketer must do so immediately.

• Caller ID: The number of the person or business making the call must be displayed on your phone.

• The Do Not Call Register (DNCR): This is a free service where you can list your personal phone number to opt-out of receiving most unsolicited telemarketing calls. Legitimate businesses are required to check the DNCR and must not call registered numbers unless they have your consent. You can register your number at www.donotcall.gov.au.

Exemptions to the Do Not Call Register: It's important to note that some organisations are exempt from the DNCR and can still contact you. These include registered charities, political parties, and educational institutions contacting their alumni. However, they must still adhere to the restricted calling hours and identification rules.

Spotting the Red Flags: How to Identify a Telemarketing Scam

Scammers are not bound by any rules and often employ deceptive tactics to trick you into giving away personal information or money. Be wary of calls that exhibit the following characteristics:

• A Sense of Urgency or Threats: Scammers often create a false sense of urgency, pressuring you to act quickly without thinking. They might threaten you with fines, arrest, or disconnection of services.

• Requests for Personal or Financial Information: Legitimate organisations will rarely call you out of the blue to ask for sensitive information like your bank account details, credit card numbers, passwords, or your tax file number.

• Unusual Payment Methods: Scammers often demand payment through unconventional and untraceable methods, such as gift cards, wire transfers, or cryptocurrencies.

• "Too Good to Be True" Offers: Be skeptical of calls offering unexpected prizes, lottery wins, or guaranteed investment returns.

• Impersonation of Trusted Organisations: A common tactic is to pretend to be from a well-known company like a bank, telecommunications provider, or a government agency like the Australian Taxation Office (ATO) or Services Australia.

• Remote Access to Your Computer: Never grant an unsolicited caller remote access to your computer. This can allow them to install malware and steal your personal information.

• Robocalls with Alarming Messages: Be cautious of automated messages that claim your bank account has been compromised or that you are in trouble with the law. These are designed to make you panic and follow their instructions.

Taking Action: Reporting and Protection

If you encounter a telemarketing call that you believe is a scam or is in breach of ACMA's rules, it's important to report it.

• For Breaches of Telemarketing Rules: If a legitimate telemarketer calls you outside of the permitted hours, doesn't identify themselves properly, or calls you while you are on the Do Not Call Register, you can lodge a complaint with ACMA. You can do this online at the ACMA website or by calling their customer service line.

• For Telemarketing Scams: If you believe you have been contacted by a scammer, you should report it to Scamwatch, which is run by the Australian Competition and Consumer Commission (ACCC). Scamwatch collects data on scams to warn the public and disrupt scammer activities. You can report scams online at www.scamwatch.gov.au.

If you have been scammed:

• Contact your bank or financial institution immediately if you have provided any financial information.

• Change your passwords for any online accounts that may be at risk.

• Report the matter to the police, especially if you have lost money or your identity has been compromised.

• You can also contact IDCARE, a not-for-profit organisation that provides support to victims of identity theft.

By being informed about the rules and vigilant for the warning signs, you can significantly reduce your risk of falling victim to telemarketing scams and help to hold non-compliant telemarketers accountable.