NSW False Marketing Telemarketing Company

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Grace Mangan

Member
13 June 2017
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0
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I have started working for a telemarketing company. We are cold calling people who have apparently completed a survey, but literally no person remembers or confirms doing this survey. At the start of our script, we lead people in by saying for taking part in the survey they receive a free $20 gift voucher, ask for their name and say its being sent out. What we dont tell them is that they only actually receive a gift card if they buy our product from us. Something doesnt seem right, is this illegal false advertising?
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
Hi Grace,
My understanding is that consumer laws apply so a misrepresentation would be considered a breech of consumer rights. I would think this is the case in unsolicited approaches as well. The part around the gift card sounds dodgy. If you are saying the get the gift card for taking the survey and don't give it to them until they buy something that's a misrepresentation. If you said they have qualified for a gift card then that is probably different.
 

Grace Mangan

Member
13 June 2017
2
0
1
So is what they are doing illegal? I find the company very weird, only a few staff members. No call centre, no computer, no headset, just a few desks with telephones. They sell ink cartridges, I didn't see any of the cartridges myself, they showed us other brand cartridges as examples. You would think as a cartridge company they would use their own cartridges to print with?
They made me fill out an order form for people who didn't even want to buy anything! They apparently send out an invoice and the person doesn't have to pay for 30 days. Had about an hour training before being put straight on the phone. The script was so terribly written and they say they have been using it for 20 years. They have no website, email address or contact numbers. They also won't send anything through email/fax. I find this very suspicious does anyone else agree ?
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
Hi Grace,
It's hard to say without the full script and the context in which its said. Most of these telemarketing companies have carefully scripted dialogs (written by lawyers) that skirt the boundaries of misrepresentation. At the end of the day if they are genuinely selling something and you actually tell the people what you are selling, it might be ok. But I think you already know in yourself if the are dodgy or not. I do agree filling out order forms for people that have not explicitly asked for or ordered something does not sound lawful.