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I am interested in making robo calls to recruit the

I am interested in...

I am interested in making robo calls to recruit the unemployed to sell life insurance. The technology Im using prevents me from calling at illegal times and creates a detailed list of people who have opted in to be contacted. Im concerened however that Ill break the law somehow (maybe by the message I make in the call) and get fined.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Im in florida but might do robo calls all over.

Lawyer's Assistant: What steps have you taken so far?

Im talking to someone at 2 today to get the software but thats about it.

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Answered in 3 minutes by:
4/24/2018
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,809
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You need to make sure the software regularly checks the do not call registry before making calls. You also need to make sure the call has a message about being able to opt out of future calls to remove those numbers from your database. As long as you have those safeguards in place together with the opt in feature you said it uses, you would not be breaking the law to recruit people to work.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,809
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Law Educator, Esq. and 87 other Legal Specialists are ready to help you
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Customer reply replied 3 months ago
What about the message itself? I dont know what Ill say to recruit people maybe something like "are you unemployed? Are you working hard but barely getting by? Start a new career at salesrep5.com! Start making a good income by going to salesrep5.com!" the goal is to drive people to the website that i have not yet created.
Im still working on it. but do i have to say who I am, the company I work for and my phone number in the message itself? What if the calls goes straight to voicemail? Are the rules the same?
If I call and they pick up and here the message there has to be a "press 1 to opt out" but what about a voicemail?
In florida its illegal to sell life insurance over the phone. I learned that in getting my license but not for recruiting? are you sure there are no recruiting restrictions in all 50 states?

Thank you for your reply.

Your message is fine EXCEPT, you need to make it clear that there is no cost to them regarding the offer and that this is not an offer to solicit sale of life insurance policies, it is merely an offer to apply for employment.

You need to identify your company and your phone number. Rules are the same for voicemails.

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Customer reply replied 3 months ago
I dont have to say hi this is nick..... my name?I dont own a company but I work for symmetry financial group.I need to mention symmetry financial group in the message and a phone number? is the website salesrep5.com good enough? what if i have a phone number there on the website?Symmetry financial group has given me permission to recruit but they havent said anything about robo calls. Do i need permission from my employer to make robocalls mentioning Symmetry financial group?

Thank you for your reply.

You can say this is "Nick with X Financial" or you can say, "this is X financial" either way, as long as at least the company is identified.

If Symmetry is giving you permission to recruit, since they could be liable for the robo calls, you need their consent to make them.

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Customer reply replied 3 months ago
I also need to mention a phone number in the message?Im thinking about leaving a voicemail. I know in a regular call the saoftware can make it so you can press 1 to connect and speak with someone but im not sure thats an option for voicemail.Do i have to leave a phone number in the message? even in a voicemail?if so do i have to pick up the phone or return calls? the goal is to drive them to a website that ill create later.

Thank you for your reply.

You need to leave a way to contact you, it does not have to be a phone number it could be a website if that is how you want to be contacted.

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Customer reply replied 3 months ago
Great news!
So for my message to be legal I just need to ad "this is symmetry financial group" and contact us a salesrep5.com.
I can add that in when I get permission from my employer/Salesrep5.com will have a contact us link where they can fill out a form and be contact for more information. Will that be enough to be compliant?

Thank you for your reply.

Yes, as long as you have that information and the link and a way to opt out, you would be protected.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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