The Federal Communications Commission (FCC) and the Federal Trade Commission (FTC) both implemented rules that require companies that make telemarketing calls to maintain do not call lists. The FCC’s Telephone Consumer Protection Act of 1991 and the FTC’s Telemarketing and Consumer Fraud and Abuse Prevention Act. The goal of the Acts was to stop telemarketers from harassing the public. The Acts defines what a telemarketer can and can not do. Once the Acts became Rules, one of the provisions prohibited telemarketers from calling people who had previously stated they did not want to be called. Under these laws, companies that make telemarketing calls must maintain a list of customers who do not wish to be called. In response, States enacted laws that established do not call registries. These registries were available for consumers at nominal fees. The 108th Congress issued the Do-Not-Call Implementation Act. The result was the creation of the National Do-Not-Call Registry in 2003.
Information for Consumers
Consumers can register at the Do Not Call Registry website to add their phone number to the list. The Registry puts the power back into the consumer’s hands by allowing them to decide what calls they can receive in their homes. The Registry also accepts Cell Phone numbers.
If a consumer is still receiving phone calls after registering, the FTC recommends those individuals to:
· Check to see if their phone number is still on the list by visiting the Do Not Call website and verifying that their phone number is listed.
· Know that not all telemarketing calls are covered under the Law. There are some exceptions.
· File a complaint if they feel telemarketers are in violation of the law.
It is possible to delete a number from the Registry by calling 1-888-382-1222. For a list of commonly asked questions and their answers visit the FTC’s Q&A page.
To review regulations related to the Registry, visit the FCC’s National Do-Not-Call Registry website.
Information for Businesses
The Telemarketing Sales Rule affects the businesses that make the telemarketing and sales calls. The FTC maintains a website on Information for Business. This page advises businesses on who they may or may not call, how the Registry Works and has relevant telephone numbers to reach the FTC. For a list of commonly asked questions for businesses visit this FTC web page. Telemarketers are expected to download the phone lists from the registry for a fee ($54 per area code or maximum annual fee of $14,850). The FTC has also issued a comprehensive guide for businesses to learn more about the Telemarketing Sales Rule. To keep up with news, Rules and Regulations visit the FCC’s Major Telemarketing Orders and Notices.
