United States National Do Not Call Registry

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Do Not Call Registry logo

On June 27, 2003, the U.S. Federal Trade Commission (FTC) 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 Billy Tauzin and John Dingell and signed into law by President George W. Bush on March 11, 2003. This law establishes the FTC's National Do Not Call Registry in order to facilitate compliance with the Telephone Consumer Protection Act of 1991.

The registry is intended to give U.S. consumers an opportunity to limit the telemarketing calls they receive. Registration for the Do-Not-Call list began on June 27, 2003 and enforcement began on October 1, 2003. Since January 1, 2005, telemarketers covered by the registry have up to 31 days (initially the period was 90 days) from the date a number is registered to cease calling that number. Originally, phone numbers remained on the registry for a period of five years, but are now permanent due to the Do-Not-Call Improvement Act of 2007, effective February 2008.[1] If an individual does not want to register a number on the national registry, he can still prohibit individual telemarketers from calling by asking the caller to put the called number on the company’s do-not-call list.

Cell phone numbers need not be included on the registry to avoid unsolicited calls. FCC regulations prohibit telemarketers from calling a cellular phone number with an automatic dialer.[2] In 2005, a rumor began circulating via e-mail that cell phone providers were planning on making their number directories available to telemarketers. The FTC responded by clarifying that cell phones cannot be called by telemarketers.[3] Similarly, fax numbers do not need to be included in the registry due to existing federal laws and regulations that prohibit the sending of unsolicited faxes.

In April, 2009 consumer Do-Not-Call complaints from the Federal Communications Commission were made available to the general public online through the website EveryCall.us, which indexes consumer complaints and makes them searchable by telephone number.[4]

To register by telephone (US), consumers may call 1-888-382-1222.

Contents

[edit] Legal challenges

The do-not-call list was slated to take effect on October 1, 2003, but two federal district court decisions almost delayed it. One from Oklahoma was 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 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

[edit] Known Exceptions

Placing one's number on the National Do Not Call Registry will stop most, but not all, unsolicited calls. The following are exceptions granted by existing laws and regulations.

  • The registry only applies to residential lines, not to business lines.[5]
  • A person may still receive calls from political organizations.
    • The organization Citizens for Civil Discourse has lobbied Congress to close this loophole by developing a National Political Do Not Call Registry where voters can register their phone numbers and ask politicians to take the "Do Not Contact Pledge". Its database is not backed by the force of law and as of November 2008, only 3 politicians running for office signed the pledge.[6]
  • A person may still receive calls from charities.
  • A person may still receive calls from those conducting surveys.
  • A person may still receive calls from companies with which he or she has an existing business relationship for up to 18 months after his or her last purchase, payment, or delivery from it, unless person specifically asks the company not to call again.
  • A person may still receive calls from a company up to three months after submitting an application or inquiry to that company, unless the company is specifically asked not to call.
  • A person may still receive calls from 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." Some creditors may not call debtors who file for bankruptcy protection.

[edit] Loopholes

Some attempts have been made by telemarketers to skirt the do-not-call list rules. An example is the Dove Foundation which places "survey" calls and then requests permission for a follow-up call. The follow-up call is through a for-profit company attempting to sell products. This operation resulted in a restraining order in Missouri in March 2006,[7] but the operation continues in other states.

Other attempts are made by companies trying to sell call blocking and filtering services. These companies will constantly call residential phone numbers with fax machine calls all hours of the day, even early morning and late night. When the resident picks up the phone to answer, they hear the high pitched tones of a fax machine trying to make a connection. The idea is for these companies to harass the residents so much that some get annoyed enough to buy a call blocking service. Most of the time, these companies fake the caller-id tag, but sometimes the number is real. Sometimes when it is called back, it plays an automated message selling the call blocking service which promises to stop unwanted calls. A free alternative is to set up your own PBX service on a computer with a modem and filter unwanted numbers and calls yourself. There are many freely available PBX server implementations.

[edit] Enforcement

Complaints concerning telemarketing calls to homes and personal cell phones can be made to the Federal Communications Commission[8] and the Federal Trade Commission[9].

The Federal Communications Commission has created rules implementing the National Do-Not-Call Implementation Act. These rules are codified at the Code of Federal Regulations, title 47, Section 64.1200.[10] 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 details of the infraction to the FCC. Typically this includes facts such as when the call occurred, the phone number called, the calling organization, the goods or services being marketed, whether the caller has any exemption status. Details of these rules can be found on the FCC's complaint form.[8]

[edit] Do-Not-Call Improvement Act of 2007

On February 15th, 2008, U.S President George W. Bush signed into law the H.R Bill 3541: Do-Not-Call Improvement Act of 2007. Two major changes were enacted through this law:

  • While originally required to renew their phone numbers every five years, consumers need now only register once to maintain their phone numbers on the Do Not Call Registry.
  • The frequency with which the FTC must purge the registry of disconnected and reassigned numbers has also been increased to several times a month. However, the Do-Not-Call Improvement Act prohibits removing numbers from the do-not-call registry unless the number is invalid, disconnected, or reassigned; or the individual to whom the number is assigned so requests.[11]

[edit] Regulatory Guides

The American Teleservices Association (ATA) in partnership with Compliance Systems Corporation issue the USA Regulatory Guide, which summarizes US Do Not Call laws, broken down by category with links to the actual rules.[12] The guide serves as the United States’ up-to-date and comprehensive online resource to the rules and regulations governing companies that conduct telemarketing activities with up-to-the-minute email alerts of new bills and regulations impacting the teleservices industry, and access to regularly updated information.[13]

[edit] Results

According to the 2009 Economic Report of the President, prepared by the Council of Economic Advisors,

The program has proved quite popular: as of 2007, according to one survey, 72 percent of Americans had registered on the list, and 77 percent of those say that it made a large difference in the number of telemarketing calls that they receive (another 14 percent report a small reduction in calls). Another survey, conducted less than a year after the Do Not Call list was implemented, found that people who registered for the list saw a reduction in telemarketing calls from an average of 30 calls per month to an average of 6 per month.[14]

[edit] See also

[edit] References

  1. ^ FTC Press Release 2008: Do Not Call Registrations Permanent and Fees Telemarketers Pay to Access Registry Set
  2. ^ FTC Press Release 2007: The Truth about Cell Phones and the Do Not Call Registry
  3. ^ FTC Press Release 2005: The Truth about Cell Phones and the National Do Not Call Registry
  4. ^ Richard H. Levy, Direct: A Chief Marketer One-Stop, "Independent Do-Not-Call Complaint Database Debuts," April 7, 2009.
  5. ^ FTC Do-Not-Call Q&A
  6. ^ Citizens for Civil Discourse
  7. ^ Company selling films used non-profit organization as front to try to circumvent state No Call law, Nixon says
  8. ^ a b FCC CGB General Complaints Form 475
  9. ^ FTC National Do Not Call Registry, File a Complaint
  10. ^ 47 CFR § 64.1200
  11. ^ http://www.govtrack.us/congress/bill.xpd?bill=h110-3541
  12. ^ Press Release, ATA Members Offered DNC Rule Guidebook
  13. ^ Bantel, Code of Ethics - Online Regulatory Guide
  14. ^ 2009 Economic Report of the President, Box 9-1

[edit] External links

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