Q: Will the EPA recognize a state-based lead paint renovator license? I am approved by Wisconsin as a certified renovator to conduct lead safe work practices on a job, and I want to do a job in Minnesota. Minnesota does not have its own lead paint rules, so do I need EPA certification to do work in Minnesota?
A: Individuals who receive renovator certification from an EPA-approved state program, such as Wisconsin’s, are also then approved by the EPA to operate in another state that is under EPA guidelines. So, your Wisconsin license as a renovator, since it is EPA-approved, will be recognized by the EPA when you do a job in Minnesota. However, you would still need your company to obtain certification from the EPA as a Renovation Firm.
Q: I’ve been told I should run credit checks on my sales representatives and installers before I hire them. Is this a good idea?
A: We don’t think so. While some in the industry recommend this as a sound practice, NAPAC’s legal counsel believes this is a mistake. First, the credit standing of your sales representatives or your installers really has little or nothing to do with their abilities to perform their jobs. So, you are looking into something that could be used against you, because it has nothing to do with the job criteria. Second, four states already have laws restricting an employer from running credit checks on prospective workers, and at least 20 other states have similar bills pending. If you do want to do this, NAPAC strongly recommends checking with a knowledgeable attorney before hand.
Q: Can I use an “MSRP” or “factory discount” in my advertising?
A: The historical danger in advertising a sale is more often the way in which the sale is advertised – not the sale itself. “MSRP” should not be used in our industry, and in some states it is actually prohibited. You advertise a legitimate “factory-direct” rebate or “manufacturer saving” – but don’t do that unless you can prove those incentives are really coming from a factory or a manufacturer. If they are – make sure you have a record of that in your files – such as a letter from your supplier detailing the actual savings.
Q: I sell siding and windows, but run my turn-downs through another company that I own to “re-hash” my leads with less expensive products. Can I share my telemarketing leads with my re-hash company?
A: Whether or not you can share telemarketing leads between corporate affiliates is a very a subjective test. NAPAC’s legal counsel advises us that the greater the similarity as to (i) name of entities; and (ii) type of goods sold, then the higher the likelihood that a telemarketing lead can be exchanged between the two companies without concern.
For example: Alpha Corp. Siding shares leads with its affiliate, Alpha Kitchen Remodeling, and they both telemarket each other’s customers. This will be acceptable because they deal in the same type of goods (home improvement) and have similar names. A reasonable person would see and understand that these are related companies, with a related purpose. But, if Alpha Siding is sharing telemarketing with an affiliate called Prostar Remodeling – that is likely to cause problems because a reasonable consumer is not going to understand when they receive a call from Prostar that Prostar is related to Alpha. The same result would apply if Alpha Siding is sharing telemarketing an affiliate called Alpha Software Solutions. The products sold by the two companies are too dissimilar for Alpha to argue they are related companies with a related purpose.
Q: Can I telemarket to cell phones?
A: Generally, yes under federal law – but you don’t want to as a rule. The federal Do Not Call Registry accepts registrations from both cell phones and land lines. There is no separate registry for cell phone numbers. DSo if the number is not on the Registry, you can call. However, Federal Communications Commission (FCC) regulations prohibit telemarketers from using automated dialers to call cell phone numbers. Since automated dialers are standard in the industry, many telemarketers are already prohibited from dialing out to a consumer’s cell phones without the consumer’s express permission. Moreover, few things irritate a potential customer more than being telemarketed on their cell phone – the practice itself is a poor marketing idea.
