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Liability and Responsibility Statement

Our products have the capability of being operated in various ways and for various uses. The Buyer/User assumes all liability and responsibility for only operating these products legally, according to federal, state, and/or local laws. Laws are complex and may change from time to time, and laws vary from country to country and from state to state. A violation of any such laws could result in significant penalties and other sanctions. Prior to buying or using any product, the Buyer/User should consult with an attorney to determine the extent of permissible activities. The Seller and the Manufacturer and its Technicians and Representatives are not attorneys; therefore, our interpretations of laws regarding the use of these products should not be completely relied upon. It is your responsibility to determine specifically what is legally required for your application and to therefore use these products in a manner that will comply with any such rules and laws. After purchasing a product, a refund is not available due to lack of understanding of rules or laws or if any rules or laws are later changed affecting the use of these products.

Discussion of Rules & Laws: http://www.lermansenter.com/assets/attachments/128.pdf

Our Interpretation of Rules & Laws:

A summary of our interpretation of some of those laws is described in the section below (we are not attorneys):

PURELY INFORMATIONAL PRE-RECORDED CALLS & LIVE CALLS: Calls that are not selling anything but are providing information such as appointment reminders, delivery times, travel updates, member notifications, emergency warnings, etc. are generally not subject to the rules and laws below. Examples of exempted callers are religious, political, educational, health care, and clubs and organizations. There are other exemptions listed below as well.

TELEMARKETERS BEWARE: If the Buyer/User intends to use any outbound dialing products (power seller, auto dialer, power dialer, predictive dialer, swipe dialer, or fax broadcaster) for solicitation purposes (selling goods or services), there are laws or rules including, but not limited to, the following:
Do Not Call: The Buyer/User should be aware that he or she may be responsible for monthly "scrubbing" of calling lists against Federal and/or State Do Not Call Registry lists. (The Manufacturer of this product provides the Buyer/User with tools to assist in cleaning the Buyer/User's dialing lists of Do Not Call telephone numbers if required; however, the Manufacturer cannot guarantee 100% integrity or reliability of these tools.)
Cell Phones: It is not legal to call cell phones to attempt to sell goods or services with either a pre-recorded message or with live agents without prior written or electronic permission.
Predictive Dialing (calling to speak to people live): If using a predictive dialer, there are laws regarding "DROPPED CALLS" or "ABANDONED CALLS", which are calls that are not connected to a live agent. Among other things, those laws may require: 1) not hanging up before 15 seconds or 4 rings, 2) playing an informational message if the call is answered but an agent is not available, and 3) not abandoning more than 3% of calls, calculated over a 30 day period.
Auto Dialing (calling to leave pre-recorded messages): Effective December 1, 2008, per the US Federal Trade Commission (FTC), in the beginning of the pre-recorded message, an automated key press must be available so that consumers can opt out of the call as easily as they can from a live telemarketing call. If a message is left on an answering machine or voice mail, a toll free number must be provided for the recipient to call to opt out of any future calls. Effective September 1, 2009, per the US FTC, telemarketers cannot call people with a pre-recorded message to sell goods or services, unless they have prior written (or electronic) permission from the recipient of each call, regardless of whether it is answered live or by an answering machine or voice mail. There are some exceptions to this rule, including common carriers, banks, healthcare and insurance providers, non-profit entities, and a limited number of other entities. Having a previous business relationship will no longer be sufficient. The following are exempt from the prior written permission requirement: informational calls (with no intent to sell), political calls, charitable solicitation calls, and healthcare related calls that are subject to HIPPA. Note: The US FTC and FCC have different rules and they may conflict with each other.
Fax Broadcasting (calling fax machines to send printed information): It is NOT legal to randomly send unsolicited advertisements by fax in the USA.

Time of Calls: There are also restrictions as to the time of day that calls may be placed. These restrictions vary from state to state, but the most common is no calling before 9 am or after 9 pm, Monday through Saturday, and not before noon on Sunday.

By using any of these products, the Buyer/User accepts 100% of the responsibility and liability regarding its use and will hold the Seller and the Manufacturer and its Technicians and Representatives completely harmless from any fines, penalties, litigation, expenses, or claims for any reason.

2017