Telephone acquisition: definition, legal position, tips

The Telefonakquise is a popular tool in the distribution of goods and services. In contrast to direct sales, the costs for sales on the telephone can be kept relatively low. Especially founders, self-employed and freelancers like to fall back on this form of distribution. But even long-established companies can benefit from the telephone acquisition. However, there are some legal pitfalls that you should know before picking up the phone ...

Telephone acquisition: definition, legal position, tips

Contents: That's what you'll find in this article

Telephone Acquisition: The Definition
Is telephone acquisition prohibited?
Telephone acquisition in the business customer distribution
Telephone acquisition for private customers
Short guide to successful phone acquisition
What other readers have read



Telephone Acquisition: The Definition
Telephone Acquisition: The DefinitionTelephone acquisition is a form of operational distribution. A distinction is made between the so-called cold acquisition and the warm acquisition :

When cold calling is about to gain new customers. In this form of acquisition , there was previously no contact with the conversation partner. It is therefore more challenging, since a business relationship should be initiated by the first phone call - and that with a completely foreign person .
The warm acquisition on the other hand has the existing customers in view. The goal here is to bring old business relationships back to life. The telephone acquisition of existing customers is therefore perceived as less problematic. After all , there was already a contact and you know who to call on the phone.
Is telephone acquisition prohibited?
Especially newcomers to the subject Telefonakquise and entrepreneurs often wonder whether the Telefonakquise banned was. Maybe you have heard something like that before at a network meeting or start-up seminar.

Latest since the DSGVO has brought self-employed, freelancers and companies in Germany and Europe into a sweat, is also the topic of sales on the phone back on the plan.

And indeed: Legislators provide clear frameworks to which telephone acquisition is subject. Not least, this is regulated in the law against unfair competition .


If you want to do telephone acquisition, you should know the basic rules :

Telephone acquisition in the business customer distribution
First and foremost, it's about who you want to call to sell a product or service. In B2B business , ie between business customers, the rules are not quite as strict. One reason for this: There are no consumers in the sense of the law that need to be protected.

If one businesswoman calls another, two professionals meet at eye level. Legislators in this case assume that neither is in need of special protection , but is in a position to make their own decisions - after all, they run a business or are at least in an exposed position in the company (Head of Purchasing, Supervisors Customer service or similar).

In business customer sales, therefore, a suspected interest of the person called is sufficient. For example, if you distribute computer software, you can easily call a hardware manufacturer and promote your product. It is also conceivable that you contact companies that could work with your software in the future. In short, in the B2B business, the scope of interpretation for permitted telephone acquisition is greater. Also, because prior express consent is not necessary .

It is even easier if it has already been in contact with the customer. Have you ever telephoned before or the customer has ever inquired about your service or your product, nothing speaks against another call. On the contrary, this can even be a good strategy to turn the former customer into a loyal existing customer.

If, during the course of the conversation, the contact person wishes to stop calling you, you must adhere to it . If this is not done, it can be annoying and annoying and therefore adversely affect telemarketing. If the person called feels massively oppressed, he can even take legal action against you. A call that was previously banned can be interpreted as unreasonable harassment . If the contact attempt also takes place during working hours, you are doubly wrong.

Telephone acquisition for private customers
Something else is true in the so-called B2C business , ie private customers . When it comes to selling something to consumers or alerting them to a service, there are strict requirements.

If the call is the first contact, this is often referred to as a cold call among telephone distributors . If this happens without the explicit prior consent of the consumer, you go legally on thin ice. By the way, not only for calls, but also for emails and faxes with clear advertising content. Without consent, they are prohibited.

If consumer advocates or competitors become aware of this, it can lead to an ad - and that can be expensive.

So, if you primarily want to call consumers to sell your product, you always need prior consent - not just any, but an explicit one. In court, a letter or other signed document from the consumer is usually requested. If you can not prove that, it looks bad: in this case, courts regularly assume that consent is lacking. The next step is then a procedure including an omission statement . The costs must be borne by the one who operated the telephone acquisition.


Short guide to successful phone acquisition
The telephone cold calling is the supreme discipline in sales. Without question, the callers need a lot of courage, assertiveness and persuasiveness and intrinsic motivation .

With some tips, you can prepare the cold phone call well and minimize the pressure during the call. With a bit of training sales over the phone soon runs like clockwork - and then can be really fun.

How to call the phone:

Do your homework.
The preparation for the conversation must be sitting. Before you pick up the phone, you should about the company and your future interlocutors research . This gives you valuable information on why he or she should be interested in your offer.

The entrance must sit.
A good conversation opening is half the battle. And the hardest part of the phone call. After all, you do not know the mood in which you meet your conversation partner. There is only one thing to do : stay calm, take a short break . Try to smile (you can hear that) and stand (interestingly, you also hear - you sound more self-confident, alert) and avoid mentioning your interlocutor's name at every opportunity. This is such a tip from the past - and just annoying.

Strapping the wizard.
Only in the rarest cases you will get the decision maker immediately on the phone. In most cases, an assistant or assistant is available to answer the calls. One of their duties is probably to block such phone calls.

Do not worry, it's still possible to get the supervisor on the line. The door openers are friendliness and appreciation . Do not consider the assistants as a necessary evil to overcome, but treat them as partners. So in the end how you would treat your actual conversation partner. Sentences like ...

Please take me to Mr / Mrs XY, I would like to discuss this in person.

are therefore an absolute no-go. The reverse approach is correct: show the assistant how important they are and ultimately decide on your success. This works like this:

Dear Mrs ABC, it is really important that I can discuss a proposal with Mr / Mrs XY. You are the only person I can hope for.

Ask open questions.
Calling by phone does not mean that you spent minutes and minutes on your caller. On the contrary, they want to know what moves him and what urgent questions and problems he has. So let him talk, listen carefully and take notes . The conversation is best set in motion when you ask open questions . So those who can answer the person at the other end of the line not only yes or no .

Let your partner talk and do not anticipate any statements - certainly not negative ones. Statements like ...

I am aware that the budget for this and that is small just in the middle of the year ...

you should completely delete from your repertoire . This will show understanding, but in the wrong way. Your conversation partner then only has to agree - and the business has burst. Talk about the opportunities that your offer offers the customer.

Mirror your conversation partner.
If the conversation falters you can try it with a trick: Repeat the last statement of your potential customer in modified words . If you do it right, you will get approval from him or her. This is a good starting point for further discussion.

Put on positive communication.
You can use your choice of words to influence the outcome of the call. If you choose the positive option instead of the negative , it will do something to your listener. Studies have shown that our brain takes longer to decode a negative. The sentence

I do not want to insinuate that you ...

First of all, it is exactly the same with the listener: As insinuation. It will take some time until your interlocutor understands that you mean otherwise. During this time, the rest of the conversation continues. More importantly, your listener's attitude will change . He or she starts from an assumption and will certainly not enjoy that. This influences the further course of the conversation.

In psychology, this process is known as priming . What is meant here is that the first stimulus (here the assumption), which is recorded and processed in the brain, influences the further interpretation to a considerable extent . Try the effect on the following example: Ask a colleague to repeat the word white 30 to 40 times, then immediately ask him what a cow is drinking. The answer will almost certainly be milk .

You can use this circumstance for the telephone acquisition . Provide statements that your correspondent will answer in the affirmative. This can also be quite normal small talk about the weather, which he will agree. If you have it in a yes-loop , ask a question that is important to you. For example, after a personal appointment or non-binding offer of your service. The chances that your chosen partner will agree are now much better.

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