MCCA Direct Marketing Model Code of Practice

Part 4: Marketing conduct

54. The following provisions apply to all direct sellers, charities and fundraisers engaged in direct marketing.

Identification information

55. At the earliest possible opportunity a direct marketer shall:

1. identify themselves;
2. dentify the direct marketing organisation they represent;
3. clearly state the purpose of the contact; and
4. if contacting the consumer from outside of Australia, state the country in which they are located.

56. The name, address and telephone number of the direct marketer and, where different the telemarketing organisation, must be in a telephone directory or, if a new listing, available through a directory assistance service.

57. Where the purpose of the contact is to sell a good or service direct marketers shall not represent that they are undertaking market research.

Information to be provided on request

58. When direct marketers contact a consumer they shall, at the request of the consumer, provide the following information:

1. direct marketer’s name, contact details, including at least its telephone number and street address, and the name of a person within the organisation who is responsible for handling consumer complaints; and
2. details of the source from which the direct marketer obtained the consumer's personal information.

Third party marketers

59. A direct marketer is required to inform third party marketers of the provisions of the Model Code.

Removal from lists

60. A direct marketer must remove a consumer’s name from all internal marketing lists or lists for transfer to a third party within 30 days of a request being made by a consumer; or in the event that the consumer is deceased, within 30 days of a request being made by any other person.

Commercial e-mail

61. Direct marketers should not send commercial e-mail except:

1. to people with whom they have an existing relationship; or
2. to people who have already said they want to receive commercial e-mail.

Telemarketing

62. These provisions cover requirements for distance sellers, charities and fundraisers engaged in telemarketing.¹⁰ Other parties engaging in telemarketing are also encouraged to adopt the provisions in this part of the model code.

Permissible hours of calling

63. Without a consumer's consent, a telemarketer shall not make an outbound telephone or Automatic Calling Equipment call to contact a consumer before 8 am or after 9pm local time at the consumer's location or on Sundays and the following public holidays:

• New Year’s Day;
• Australia Day;
• Good Friday;
• Easter Monday;
• Anzac Day;
• Christmas Day; and
• 26 December (Boxing Day).^{11 12}

Line disconnection times

64. Where a telemarketer uses the telephone to contact a consumer, the telemarketer shall release the line within five seconds of the consumer hanging up or otherwise indicating that he or she requires the telemarketer to release the line.

Calling line identity

65. When making an outbound telemarketing call, a telemarketer shall not block the transmission of the calling line identity to the receiving service.

Frequency of calling

66. A telemarketer, or its agents, shall not contact a consumer more than once in any 30 day period for the same or similar campaign without that consumer's prior consent.

¹⁰ Note that any conflict between this code and State and Territory door to door trading legislation will be resolved in favour of the legislation. Where the legislation does apply to telemarketing, telemarketers will have to comply with the legislation, regardless of this code's provisions.

¹¹ Where the restrictions on times of contact under door to door trading legislation (which may apply to telemarketing) in some States and Territories are more rigorous and would conflict if they apply to telemarketing, the legislation shall apply.

¹² Any parties adopting the model code are also encouraged to consult with key religious and ethnic organisations to develop a guideline for telemarketers for what other times and days would not be suitable for telemarketers to contact consumers.

Next: Part 5: Complaint and Dispute Handling Procedures
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