The Coaching and Mentoring Program will consist of two
new self-regulatory products:
- a review of telemarketing practices of participating companies which includes a random sampling of telesales phone calls, a review of telemarketing scripts, and written assessments of the telemarketing practices; and
- a review of coaching and mentoring and lead generation advertising associated with participating companies including print, broadcast and online advertising and written assessments of the advertising practices.
Companies participating in the Coaching and Mentoring
Program will be provided with written assessments of their telemarketing and/or
advertising practices, follow-up compliance reviews and the opportunity to
discuss these reviews in detail with ERSP staff. At this time companies participating
in the Coaching and Mentoring Program must be ERA members and will be asked to
sign a one-year participation agreement with ERSP.
ERSP evaluates the “primary" or “core" claims made in each
participant's national direct response advertising which may include
telemarketing scripts and recordings, meaning
those representations which are deemed by ERSP to be the most significant and
fundamental in the participant's communication of material attributes or
characteristics of its product or service. For example, the “primary” or “core” claims in a script or telemarketing call for a coaching or
mentoring service may include (but are not limited to) claims relating to the
objective benefits of the coaching or mentoring service (especially financial
benefits) and the qualifications of coaches or mentors or the nature of the
assistance. In addition, ERSP will continue its monitoring of lead generation
and coaching and mentoring claims under the existing ERSP Policy and Procedures.
The goal of
the program is to promote voluntary self-regulation, provide an independent
review of telesales calls and accompanying scripts to ensure that advertising
is truthful and substantiated, and reinforce truth and accuracy in lead
generation advertising.
Participation
in either phase of the program shall not
be construed or represented as an endorsement or approval by ERSP, ERA, ASRC,
or CBBB of a company, product or service. As provided in the ERSP Procedures,
it is the policy of ERSP not to endorse any marketer, product or service, and a
favorable decision regarding advertising claims for the products or service of
a particular marketer should in no way be construed as an endorsement. Similarly,
a marketer’s modification of advertising, in cooperation with ERSP’s
self-regulatory efforts, will not be construed as an admission of any
impropriety.
An ERSP review that does not result in a recommendation
that claims be discontinued or modified will not assure the marketer that some
other action, filing or adverse finding will not occur in another regulatory or
self-regulatory forum (i.e., such as the FTC or the National Advertising
Division).
For
more information about the ERSP Coaching and Mentoring Program, please contact
Leanne Gabinelli, Staff Attorney, at LGabinelli@ersp.bbb.org or 212.705.0106.
