32. What's my liability if my company inadvertently calls a number on the registry?
The TSR has a "safe harbor" for inadvertent mistakes. If a seller or telemarketer can show that, as part of its routine business practice, it meets all the requirements of the safe harbor, it will not be subject to civil penalties or sanctions for mistakenly calling a consumer who has asked for no more calls, or for calling a person on the registry. To meet the safe harbor requirements, the seller or telemarketer must demonstrate that: it has written procedures to comply with the do not call requirements it trains its personnel in those procedures it monitors and enforces compliance with these procedures it maintains a company-specific list of telephone numbers that it may not call it accesses the national registry no more than 31 days (starting January 1, 2005) before calling any consumer, and maintains records documenting this process any call made in violation of the do not call rules was the result of an error.er agreement:
I have to wonder if the company that called me this weekend had "safe harbor", especially when they were trying to sell me on a cruise and make sure my passport was up-to-date. By the way "safe harbor" turns up nothing more on that page than in the paragraph it's mentioned. Just exactly what is considered "safe harbor" when it comes to being 'intrusive'?"