In this post, we’ll cover what it takes to become a telemarketer in Florida. Here’s everything you need to know about Florida telemarketing license requirements.
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What Are the Different Types of Florida Telemarketing Licenses?
The Florida Department of Agriculture and Consumer Services (FDACS) issues Commercial Telephone Seller Business licenses to telemarketing firms and Commercial Telephone Seller Salesperson licenses to the individual salespeople working for telemarketing firms.
What Are the Steps in the Licensing Process?
Our focus here is on the requirements for companies applying for a Commercial Telephone Seller Business license, which are more comprehensive than the requirements for individuals seeking licensure as telemarketers. In addition to completing the application for a commercial license, you’ll need to gather and submit the following:
- Business formation documents showing that the business is a proper legal entity registered in Florida,
- The scripts to be used by salespeople,
- Information your salespeople have been provided for use in their telemarketing efforts,
- The terms and conditions established by your company,
- Proof that you have paid the license fee (currently $1,500 annually), and
- A telemarketing license bond in the amount of $50,000.
Why is a Telemarketing License Bond Required?
Florida requires a telemarketing license bond as a way to ensure that telemarketers operate in compliance with the state’s Telemarketing Act. Any violation of the Act that causes a consumer to experience a financial loss can result in the injured party filing a claim for damages against the bond.
The terms of the surety bond agreement specifically indemnify FDACS (the “obligee” requiring the bond) against responsibility for such damages and legally obligate the telemarketing firm (the bond’s “principal”) to pay all valid claims.
How Are Telemarketing License Bond Claims Paid?
Although the principal is legally obligated to pay valid claims, in practice, the company that authorized the bond (the “surety”) typically pays a claim initially to ensure that the injured party receives prompt compensation for damages. That payment creates a debt that the principal must pay to avoid legal collection action by the surety.
How Much Does a Florida Telemarketing License Bond Cost?
The annual premium for a Florida telemarketing license bond is a small percentage of the required $50,000 bond amount (the bond’s “penal sum”), which is the maximum amount that will be paid on single claim. What that percentage will be is determined by the surety on a case-by-case basis depending on the underwriters’ assessment of the risk that paying claims on the principal’s behalf could entail.
The main factor the surety considers in setting the premium rate is the principal’s creditworthiness as measured by his or her personal credit score.
A highly creditworthy telemarketing firm owner should be assigned a premium Rate in the range of one to three percent, for an annual bond premium of $500 to $1,500. Credit-challenged applicants will pay a substantially higher premium.
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