Be Aware of Telemarketing Record Keeping Requirements

If a dispute concerning telemarketing consent arises, the contractor bears the burden of proof to demonstrate both that a clear disclosure was provided and that the consumer unambiguously consented to receive telemarketing calls to the number he/she specifically provided. Historically, there has been a minimum two (2) year record-keeping requirement on all telemarketing scripts, lead slips, customer records, and complete sale information resulting from telemarketing – but we have long advised that best practices suggest at least a five (5) year retention period, and in the event you utilize “forever” telemarketing authorizations, we suggest such records should be scanned and kept indefinitely. Starting in October of 2024, the FTC lengthened the official recordkeeping requirement to five years.

Records must also be kept reflecting the names, addresses, and telephone numbers of all telemarketing personnel.  All records may be kept electronically, but with regard to telemarketing authorizations, it is important to have the authorization dated internally so that we can track and defend the timelines in which we call the consumer. Evidence of internet-provided written consent includes, but is not limited to, website pages that contain consumer consent language and fields, an associated screenshot of the consent webpage as seen by the consumer where the authorizing phone number was inputted, and a complete data record submitted by the consumer (with time and date stamp), together with the consumer’s computer IP address.

It is almost a given that you will be asked to disgorge records such as these in litigation discovery and FTC or Attorney General investigations.