United States National Do Not Call Registry
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On June 27, 2003 the U.S. Federal Trade Commission opened the National Do Not Call Registry in order to comply with the Do-Not-Call Implementation Act.
The Do-Not-Call Implementation Act of 2003 (Public Law No. 108-10, was H.R. 395 of the 108th Congress) was sponsored by Representatives Tauzin and Dingell and signed into law by President Bush on March 11, 2003. This law establishes the FCC's National Do Not Call Registry in order to facilitate compliance with the Telephone Consumer Protection Act of 1991.
This registry is intended to give U.S. consumers an opportunity to limit the telemarketing calls they receive. Starting October 1, 2003, when the National Do Not Call Registry was first enforced, most telemarketers were required to remove the telephone numbers on the registry from their call lists.
Telemarketers covered by the National Do Not Call Registry have up to 31 days (starting January 1, 2005) from the date one registers to stop calling the consumer.
Most telemarketers cannot call one's telephone number if it is in the National Do Not Call Registry. One can register their home and mobile phone numbers for free. Their registration will be effective for five years.
If one registered June 27 – August 31 2003, most telemarketers had to stop calling and the consumer may file a complaint after October 1, 2003. If one registered on or after September 1, 2003, most telemarketers had to stop calling and the consumer may file a complaint thirty one days after they register.
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[edit] Legal challenges
The no call list was slated to take effect on October 1, 2003 but two federal district court decisions could have held it up. One, from Oklahoma, was easily overcome by special legislation giving the FTC specific jurisdiction over the matter. The other, from Colorado, revolved around questions of regulation of commercial speech and threatened to delay implementation of the list. However, President Bush signed a bill authorizing the no call list to go ahead in the waning days of September 2003.
Finally, the U.S. Court of Appeals 10th Circuit on February 17, 2004 upheld the constitutionality of the Federal Trade Commission's Do Not Call Registry.
[edit] Exceptions to the do not call rule
Placing one's number on the National Do Not Call Registry will stop most, but not all, telemarketing calls. A person may still receive calls from political organizations, charities, telephone surveyors or companies with which he or she has an existing business relationship.
The registry only applies to residential lines, not to business lines. http://www.ftc.gov/bcp/conline/pubs/alerts/dncalrt.htm (note 14)
Political solicitations are not covered by the National Do Not Call Registry. Telemarketers calling to solicit charitable contributions are not covered by the registry, but if one makes a request to a specific organization that they do not call in the future, they are required to honor that request. If they subsequently call again, they may be subject to a fine of up to $11,000 USD.
If the call is really for the sole purpose of conducting a survey, it is not covered. Only telemarketing calls are covered – that is, calls that solicit sales of goods or services. Callers purporting to take a survey, but also offering to sell goods or services, must comply with the National Do Not Call Registry. An example of an operation attempting to skirt this rule is the Dove Foundation, which places "survey" calls and then requests permission for a follow-up call, which attempts to sell goods through a for-profit company. This operation resulted in a restraining order in Missouri in March 2006 [1], but the operation continues in other states.
Even if one puts their number on the National Do Not Call Registry, a company with which the person has an established business relationship may call for up to 18 months after his/her last purchase or delivery from it, or last payment to it, unless the party specifically asks the company not to call again. (In that case, the company must honor the request not to call. If they subsequently call, they may be subject to a fine of up to $11,000 USD.) Also, if one makes an inquiry to a company or submits an application to it, for three months afterwards, the company can call. If one makes a specific request to that company not to call them, however, then the company may not call, even if you have an established business relationship with that company.
If one does not want to put a number on the national registry, they can still prohibit individual telemarketers, one by one, from calling by asking the telemarketer to put them on their company’s do-not-call list.
Despite a spate of emails warning to the contrary, cell phone numbers need not be included on the National Do Not Call Registry to avoid unsolicited calls. FCC regulations already in place prohibit telemarketers from calling any cellular phone number. Experts tell media sources that the false email turned urban legend probably started because cellular companies are developing wireless directories. However, cell numbers will not be included in the list unless consent is given.
This law applies to telemarketers. It does not restrict the activities of bill collectors (either primary creditors or collection agencies.). These callers are, however, regulated by other laws, such as those limiting them to calling during "reasonable hours." The right to be unpestered by creditors is only protected for debtors who file for bankruptcy protection. Althouch one reads of rich and famous people who cancelled multimillion debts via bankruptcy, many debtors never file bankruptcy.
