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 cease calling a consumer. Most telemarketers cannot call one's residential telephone number if it is in the National Do Not Call Registry. One may register their home and mobile phone numbers for free. Their registration will be effective for five years.

If one registered from June 27 to 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.

Contents

[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.[1]

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 [2], 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.

Also not covered by this law are 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 not be pestered by creditors is only protected for debtors who file for bankruptcy protection.

[edit] Enforcement

Complaints concerning telemarketing calls to homes and personal cell phones can be made to the Federal Communications Commission[3] and the Federal Trade Commission[4]. Note that both of these federal agencies are agencies of limited resources; the more succinct, specific, and complete a complaint, the greater the chance that it will be acted upon.

The Federal Communications Commission has promulgated rules implementing the National Do-Not-Call Implementation Act. These rules are codified at the Code of Federal Regulations, title 47, Section 64.1200.[5] The rules should be consulted in order to determine whether a particular incident violated the rules and can result in enforcement.

In order to create an actionable complaint pursuant to FCC rules, an individual with a home phone or a personal cell phone is required to specify the following (a complaint must state each necessary element):

  • The facts of the infraction including:
    • Day and time,
    • phone number called and that it was a home number or a personal cell phone,
    • who called (their phone number and name),
    • the goods or services marketed,
    • whether the telemarketer was a non profit company
    • whether there is a prior business relationship

AND AT LEAST ONE OF THE FOLLOWING:

  • The Home Number is on the National Do Not Call list (state specifically that the number is a home number and what that number is)[6] and
    • The telemarketer does not have the individuals prior express invitation or permission
    • The telemarketer does not have a personal relationship with the recipient of the call

OR

  • The telemarketer's automatic telephone dialing system engaged simultaneously two or more telephone lines of a multi-line service.[7]

OR

  • That the telemarketing call was a prerecorded message
    • The call was received on a cell phone AND the phone number has not been ported in the last 15 days [8]

or

    • The call was received on a residential line[9]
      • Without the prior express consent of the called party
      • Was for a commercial purpose (sold goods or services)
      • The telemarketer does not have an established business relationship with the telemarketer
      • The telemarketer is not a nonprofit organization

or

    • Fails to state clearly one of the following: [10]
      • the identity of the business, individual, or other entity that is responsible for initiating the call.
      • the telephone number (other than that of the autodialer or prerecorded message player that placed the call) of such business, other entity, or individual (note a 900 number).

OR

  • That the telephone solicitation was received before the hour of 8:00 am or after 9 p.m.[11]

OR

  • That the telemarketing call was received from a company and the individual has previously (more than 30 days but not more than 5 years ago) asked to be placed on that companies do not call list. [12] If a person or entity making a call for telemarketing purposes (or on whose behalf such a call is made) receives a request from a residential telephone subscriber not to receive calls from that person or entity, the person or entity must record the request and place the subscriber's name, if provided, and telephone number on the do-not-call list at the time the request is made. Persons or entities making calls for telemarketing purposes (or on whose behalf such calls are made) must honor a residential subscriber's do-not-call request within a reasonable time from the date such request is made.


[edit] See also

[edit] References

  1. ^ (note 14)
  2. ^ [1]
  3. ^ FCC CGB General Complaints Form 475
  4. ^ FTC National Do Not Call Registry, File a Complaint
  5. ^ 47 CFR § 64.1200
  6. ^ 47 CFR § 64.1200(c)(2)
  7. ^ 47 CFR 64.1200(a)(4)
  8. ^ 47 CFR 64.1200(a)(1)(iii)
  9. ^ 47 CFR 64.1200(a)(2)
  10. ^ 47 CFR 64.1200(b)
  11. ^ 47 CFR § 64.1200(c)(1)
  12. ^ 47 CFR § 64.1200(d)

[edit] External links

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