Telemarketer Banned, Clients Pay $500,000 in DNC Case
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Telemarketing Related Information

Telemarketing Organizations looking for outbound and inbound telemarketing services can outsource their IVR and voice broadcasting projects at our affordable telemarketing center. As designers of Interactive Voice Response IVR systems and Voice Broadcasting software, Database Systems Corp. (DSC) is uniquely positioned to manage your outsourcing programs saving your company both time and money. Because our products are created in-house, we can deliver comprehensive telemarketing services quickly -- providing you with a competitive advantage in the marketplace. Plus you will find our inbound and outbound telemarketing outsourcing services to be quite affordable.

The following is an article relating to the telemarketing industry including products and services in our business areas.

Telemarketer Banned, Clients Pay $500,000 in DNC Case

By: Scott Hovanyetz
Senior Reporter

A teleservices firm agreed to a ban on telemarketing, and two of its clients paid $500,000 to settle allegations that they violated the national no-call list, the Federal Trade Commission said yesterday.

Braglia Marketing Group, Las Vegas, and its owners paid $3,500 and agreed to a ban from owning more than a 5 percent stake in or directing a company that engages in telemarketing. The company's two clients, Atlantic Palace Development and Flagship Resort Development, both of Atlantic City, NJ, agreed to pay $500,000 combined and to abide by no call and predictive dialer rules in the future.

The agreement between the companies and the FTC represents the second settlement of a federal no-call list case involving a cash payment. The first was a September 2004 settlement between Primus Telecommunications Inc. and the Federal Communications Commission for $400,000.

In August 2004, the FTC accused Braglia Marketing Group of calling hundreds of thousands of consumers whose telephone numbers were on the national no-call list and of violating rules that require telemarketers to keep abandoned-call rates below 3 percent. The FTC also accused Braglia, Atlantic and Flagship of failing to pay the required fee to access the no-call list.

Braglia was telemarketing on behalf of Atlantic and Flagship to sell timeshares, the FTC said. A listed number for Braglia in Las Vegas appeared to be nonfunctioning yesterday.

Frank Gorman, attorney for Atlantic and Flagship, said in a statement that the two companies had implemented additional no-call compliance measures. These include new technology, a full-time compliance officer, increased monitoring of third-party telemarketers and improved training.

"My clients have always made a good faith effort to comply with the national do-not-call list," Gorman said in the statement. "Nonetheless, they have now redoubled their efforts."

Gorman declined further comment. According to court documents, the two companies have different addresses but have the same chief financial officer, Michael L. Valenti.

An FTC spokeswoman told DM News that the settlement indicated the FTC's willingness to charge both service providers and their clients for no-call violations. Under federal no-call rules, both service agencies and clients are responsible for ensuring compliance.

In a statement, FTC chairwoman Deborah Platt Majoras said, "You cannot hire subcontractors to break the law for you and then walk away free of consequences."

In the past year, the FTC increasingly has eyed indirect participants in telemarketing. In August 2004, it announced a settlement with list management firms Carney Direct, ListData Computer Services and NeWorld Marketing. The FTC accused the firms of supplying lists for use in a telemarketing advanced-fee credit card scheme. The three firms together paid $187,500 to settle the allegations.

Braglia Marketing Group also received a suspended judgment of more than $530,000 against it in the settlement. That amount will be payable only if it is found that Braglia misrepresented its financial condition.

Scott Hovanyetz covers telemarketing, production and printing and direct response TV marketing for DM News and To keep up with the latest developments in these areas, subscribe to our daily and weekly e-mail newsletters by visiting

Automatic Opt Out Phone Service and Do Not Call Registration

automatic opt out ivr With the passage of the recent Do Not Call (DNC) legislation, it is important for businesses to provide an easy method for call and fax recipients to opt out of your marketing or mailing program.

Database Systems Corp. (DSC) provides the technology to allow a caller (or call recipient) to remove phone numbers from your calling lists automatically. DSC provides stand-alone phone answering systems and service that can be employed in your organization to accept Opt Out calls. DSC also provides in message Opt Out features when using our own Voice Broadcasting and predictive dialing systems.

Because new FTC requirements mandate that outbound calling companies give call recipients the ability to Opt Out of a calling campaign, this technology is more important than ever. The advantage to your organization is that now this process can be fully automated using our Opt Out IVR system. Plus your calling campaigns can be programmed to give the call recipient the option to "Press x...." to be removed from your call lists.

There are two separate methods for managing automatic Opt Out programs.