A call for a united front against the unfair TSR regulations: three major lawsuits filed against the TSR regulations. (Publisher's Outlook).In the February and March 2003 editorials of this publication, Rich Tehrani and I extensively addressed the case for reversal of the TOTALLY UNFAIR, DAMAGING, IMPRACTICAL and virtually unenforceable regulations known as the Telemarketing Sales Rule (TSR (Terminate and Stay Resident) Refers to a program that remains in memory when the user exits it in order that it be immediately available at the press of a hotkey. ).
We presented our ease with sound, factual implications of irreparable damages that these regulations will inflict on the vitally important call center and teleservices industry.
Here are some additional facts to be considered about the TSR regulations:
1. It is vitally important that the Federal Communications Commission Federal Communications Commission (FCC), independent executive agency of the U.S. government established in 1934 to regulate interstate and foreign communications in the public interest. (FCC (1) (Federal Communications Commission, Washington, DC, www.fcc.gov) The U.S. government agency that regulates interstate and international communications including wire, cable, radio, TV and satellite. The FCC was created under the U.S. ) and Federal Trade Commission (FTC FTC
See Federal Trade Commission (FTC). ) understand that the passage of the TSR regulations accomplishes one and ONLY one thing: It will eliminate 3 to 5 million jobs by sending them offshore! We lose the 3 to 5 million jobs by cutting down the number of calls that are possible by eliminating a segment of the population through this unwarranted and government-funded do-not-call registry. Additionally, we lose jobs overseas due to the onerous technology requirements that make labor-saving devices no longer laborsaving la·bor·sav·ing
Designed to conserve human energy in performing work or to decrease the amount of human labor needed.
Adj. 1. , thereby encouraging companies to seek cheaper labor overseas.
2. Outbound Is Vital To All Aspects Of Every Business:
- Freedom of speech is no different than the freedom of calling.
- In business, if you don't stay in touch regularly, you will lose your customer, and the telephone is the most cost-effective way to stay in touch.
- The doctrine of "laissez faire Laissez Faire
An economic theory from the 18th century that is strongly opposed to any government intervention in business affairs. Sometimes referred to as "Let it be economics. " is violated! "Laissez faire" has been that vitally important "free trade" doctrine on which civilized and progressive business practice is based, The TSR ruling violates that!
- Discrimination between outsourcing and in-house call centers as called for in the TSR-MUST MUST be deemed illegal.
- Teleservices companies play a vital role not only for U.S. corporations, but also in creating and protecting about 1,400.000 jobs.
- The FTC should thank them. NOT handicap them!
Having Said All That...If We All Resort To Conventional Wisdom, We Will All Come To The Conclusion That:
Outsourcing Teleservices Plays A Most Vital Role In The Success Of Corporate America
So why try to restrict it in an unfair or possibly illegal way?
The FTC and FCC need to understand that outsourcing is THE MOST VITAL PART OF DOING BUSINESS TODAY, not only for Corporate America, but also in Global Commerce.
Companies have learned that survival in today's ultra challenging economy depends on focusing on the company's "core competency A core competency is something that a firm can do well and that meets the following three conditions specified by Hamel and Prahalad (1990):
20 Million Jobs Saved Since 1983
Corporate America has been outsourcing their customer services, customer relationship management (CRM (Customer Relationship Management) An integrated information system that is used to plan, schedule and control the presales and postsales activities in an organization. ), sales support, lead generation, etc., to teleservices companies in the last 20 years with great success.
1,400,000 Jobs Are On The Line Per Year
Moreover, teleservices companies are currently producing and protecting 1,400,000 jobs in America per year. Ar an average of one million jobs created and preserved every year, teleservices agencies have saved 20 million jobs since 1983! Ironically, teleservices companies are the focus of discrimination in the TSR regulations. I ask: Does that make sense? Do the so-called "regulators" know what they are doing?
The FTC's unfair TSR regulations nor only discriminates against the teleservices industry, but also the predictive dialer An automatic telephone dialing system that dials from a list of numbers and turns the call over to an agent when a human responds. It increases productivity in a call center, because the agents can spend their time talking rather than waiting for calls to go through as well as hanging up restriction part of it may place undue hardship undue hardship Social medicine A term used in the context of the ADA, in which an employer may claim that the accommodations required to comply with the ADA are financially unviable and represent an undue hardship. , thereby causing hundreds of thousands of layoffs! We believe this is unfair, discriminatory and utterly ridiculous!
There Are Three Lawsuits Now Pending
To combat these regulations, three lawsuits are now before the courts.
1) The ATA (1) (AT Attachment) The specification for IDE drives. See IDE.
(2) See analog telephone adapter.
ATA - Advanced Technology Attachment lawsuit, The lawsuit filed by the American Teleservices Association (ATA) is based on First Amendment rights as well as the reduction of restrictions on predictive dialers and a preliminary injunction A temporary order made by a court at the request of one party that prevents the other party from pursuing a particular course of conduct until the conclusion of a trial on the merits.
A preliminary injunction is regarded as extraordinary relief. is sought for the national do-not-call list.
2) The DMA (1) (Digital Media Adapter) See digital media hub.
(2) (Document Management Alliance) A specification that provides a common interface for accessing and searching document databases. lawsuit. The basis for the lawsuit brought by the Direct Marketing Association (DMA) is to request a preliminary injunction based on jurisdiction as well as to remove the predictive dialer restrictions in the TSR.
3) The charitable organization This article is about charitable organizations. For other uses of the word charity, see Charity.
A charitable organization (also known as a charity) is an organization with charitable purposes only. lawsuit. Two well-known charitable organizations filed a challenge to the new TSR which raises jurisdictional as well as First Amendment issues. Restrictions on fully protected speech are subject to strict scrutiny A standard of Judicial Review for a challenged policy in which the court presumes the policy to be invalid unless the government can demonstrate a compelling interest to justify the policy. when restrictions are content-based. This higher standard of protection is not available to commercial speech activities. This means the case will bring a more intense level of review by the courts.
The TSR Will Increase The Cost Of Sales And Unemployment
Dean Brown, vice president of Sales and Marketing at TeleDirect International, told me the following:
"For some businesses, outbound telemarketing is a key to their survival. The implementation of a national do-nor-call list will increase the cost of sales significantly fur some businesses and that could potentially cost the consumer more in the end. We need to work together and find a rational way to balance the use of technology to benefit everyone concerned. In other words Adv. 1. in other words - otherwise stated; "in other words, we are broke"
put differently , we should be leveraging technology to better target prospects, reduce the cost of sales and avoid annoying the consumer with dead air when they answer our calls. The national do-nor-call list as presented is designed to protect the consumer from unwanted calls, but when you take into consideration the calls that consumers have voiced the most concern over, such as political fundraising and long-distance services, the National Do Not Call registry Do Not Call Registry is the name of a list of personal phone numbers that are off limits to telemarketers in North America.
"Traditionally, the FTC has always worked to represent the best interests of business and consumers. The Do-Not-Call law seems to be politically charged, and the FTC appears to have succumbed to the bidding of consumer advocacy groups as the concerns of business have not been given much consideration. It appears that the FTC has acted without understanding of the real impact of these regulations upon business and ultimately the consumer. In the end, costs will go up, jobs will be lost and, in short, business will be hurt, and the long-term question still remains; will consumers ever realty benefit?"
The Solution For Intrusive Calls
We despise intrusive calls much mote (reMOTE) A wireless receiver/transmitter that is typically combined with a sensor of some type to create a remote sensor. Some motes are designed to be incredibly small so that they can be deployed by the hundreds or even thousands for various applications (see smart dust). than anyone. We do nor think that the concept of call centers for telesales was meant to be intrusive. In fact, on the contrary, this industry was meant for the useful purpose of helping businesses grow and keep their customers satisfied in a cost-effective manner. Intrusive calls have absolutely, positively no room in the call center industry. This publication, for one, will do anything in its power to eliminate such activities and help anyone report intrusive telephone communications to the proper authorities.
We believe there is a right way to handle intrusive calls and there is a wrong way. The right way is to gather industry practitioners, industry leaders who understand every aspect of the industry and with their guidance, eliminate intrusive calls. The wrong way is to destroy, damage and shut down the entire call center industry, which at the moment protects three to five million jobs in America, fur the sake of eliminating a small percentage of intrusive and abusive callers. Such action would be like the proverbial throwing our the baby with the bath water.
A Call For Unity
Given all of the above problems that are confronting our industry, we call fur the development of a one hundred percent united front to combat this unfair, discriminatory and completely unacceptable FTC ruling. Not since the Great Depression has job creation and job protection been so vitally important to the U.S. economy. It seems to me that we need the TSR at this point in time like we need a hole in the head, I am positive that the people who created these regulations had great intentions in mind, i.e., consumer protection and job creation, but as we have convincingly indicated above and in editorials in the February and March issues of Customer Inter@ction Solutions[R] magazine, these regulations will have precisely the opposite effect! We sincerely hope the FTC will have an open mind and reconsider the regulations.
What Can You Do To Help?
If you are interested in helping the injunctive relief injunctive relief n. a court-ordered act or prohibition against an act or condition which has been requested, and sometimes granted, in a petition to the court for an injunction. actions that are the subject of the above three lawsuits, write or call the following asking how you can help.
1. Contact the ATA and ask for Tim Searcy, Executive Director, ATA Strategic Planning Strategic planning is an organization's process of defining its strategy, or direction, and making decisions on allocating its resources to pursue this strategy, including its capital and people. . Phone: 317-816-9336; e-mail: email@example.com.
2. Contact the DMA and ask for Mike Faulkner, Senior Vice President, DMA Segments & Affiliates, Phone: 212-790-1598; e-mail: firstname.lastname@example.org.
3. For the charitable organizations lawsuit, contact Errol Copilevitz, Arty., Copilevitz & Canter, LLC (Logical Link Control) See "LANs" under data link protocol.
LLC - Logical Link Control . Phone: 816-472-9000; e-mail: email@example.com.
Join us at the Global Call Center Outsourcing Summit [TM] in Reno, Nevada June 2-4 to discuss the above matters in person with more than 100 industry leaders and help jointly develop strategies for the future of our industry. For more information, see www.tmcnet.com/gccos/.
As always, I welcome your comments.
TMC TMC Technology Marketing Corporation (Norwalk, Connecticut)
TMC Texas Medical Center (Houston, TX)
TMC Traffic Message Channel
TMC The Movie Channel
TMC Traffic Management Center Chairman, CEO (1) (Chief Executive Officer) The highest individual in command of an organization. Typically the president of the company, the CEO reports to the Chairman of the Board. and Executive Group
Congratulations to the 2003 top 50 outbound companies. (Publisher's Outlook)
I'd like to take this opportunity to extend heartfelt congratulations to all the honorees of the 2003 Top 50 Outbound Teleservices Agencies Rankings.
I know how difficult it is to win this coveted cov·et
v. cov·et·ed, cov·et·ing, cov·ets
1. To feel blameworthy desire for (that which is another's). See Synonyms at envy.
2. To wish for longingly. See Synonyms at desire. award, especially in this difficult economy with growing offshore competition for the domestic agencies.
We recognize and appreciate you major contributions to the growth and prosperity of Corporate America. You have produced and saved more that 20 million jobs since 1983 and are currently producing and protecting more than, 1,400,000 jobs in the United Stares per year. You are helping every aspect of businesses, from customer service, customer care and retention to sales support and credit and collections, to Fundraising that helps build libraries and churches, to increasing blood supplies by setting up appointments for blood donors for the American Red Cross American Red Cross: see Red Cross. , and more. When I delivered a speech at the American Red Cross in Massachusetts, there were signs al over the conference area that read: "Telemarketing... The Link To Life." We all know how viral the above services are to our lives.
In my judgment, you are the cream of the crop and it is always a great pleasure to work with you, and I thank you for your support.