The National (U.S.) Do-Not-Call Registry was created by the Federal Trade Commission (FTC) and the Federal Communications Commission (FCC) as part of the revised Telemarketing Sales Rule (TSR) and the revised Telephone Consumer Protection Act (TCPA). The Do-Not-Call Registry gives consumers the choice to limit the telemarketing calls they receive. Once a consumer registers his/her phone number, telemarketers covered by the national Do-Not-Call Registry have up to 31 days from the date the consumer registers his/her telephone number to stop calling the consumer at that number.
The Do-Not-Call Registry is managed by the FTC and enforced by the FTC and the FCC.
The FTC typically does not enforce the Do-Not-Call Registry against individuals who make sales calls out of their own homes to friends, family members, or small numbers of personal referrals, including people with whom the telemarketer has an “Existing Business Relationship.” In fact, most of the calls made by such small direct sellers are local or “intrastate” calls (i.e., calls made within your own state), and are not covered by the national Do-Not-Call Registry. (The Telemarketing Sales Rule applies only to telemarketing campaigns that involve more than one interstate call.) Nevertheless, small home-based direct sellers should be aware that the FCC’s Do-Not-Call Regulations DO cover intrastate calls. However, the FCC regulations also exempt calls made to consumers with whom the telemarketer has a “personal relationship,” including calls to a family member, friend, or acquaintance and someone with whom the telemarketer has an “Existing Business Relationship.”
As a matter of goodwill, small direct sellers may want to avoid contacting a person whose number is on the Registry.
DSA Frequently Asked Questions About the National Do-Not-Call Registry
Q: Will the National Do-Not-Call Registry apply to direct sellers?
Yes. Although direct sellers are not typically considered telemarketers, the Do-Not-Call rules may restrict how a direct seller uses the telephone to conduct business.
Q: What types of calls are covered by the National Do-Not-Call Registry?
Basically, any commercial telephone solicitation. The regulation defines telephone solicitation as the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person. In written comments, the regulations indicate that this includes calls to set up later face-to-face meetings and referral calls. There are, however, some very important exemptions to these regulations.
Q: Does it matter if the call is local, in-state or state-to-state?
No. The national Do-Not-Call registry covers local, in-state and state-to-state calls.
Q: What are the exemptions I can use while legally complying with the National Do-Not-Call Registry?
There are three (3) exemptions that will permit direct sellers to make calls while complying with the registry.
The first involves a situation where the individual being called has given you prior express written permission to call their telephone number. Such permission must be evidenced by a signed, written agreement between the individual and the seller, which states that the individual agrees to be contacted by this seller and includes the telephone number to which the calls may be placed.
The second is where there is an established business relationship between the seller and the consumer; this allows the seller to call up to 18 months after a business transaction or three months after an inquiry or application.
The third is where the seller has a personal relationship with the individual being called such as a family member, friend or acquaintance.
Q: My state has its own Do–Not–Call List. Does my business have to comply with both the state and the national Do Not Call lists?
Yes. Although the FTC and FCC want the state lists merged into the national Do-Not-Call registry; unless and until it does, you will need to comply with both the federal and state laws.
Q: How do I obtain and use the National Do–Not–Call Registry? How much will it cost?
All telemarketers making calls to consumers in the United States are required to download the numbers on the do-not-call list to make sure they do not call consumers who have registered their phone numbers. The first five area codes are free, and organizations that are exempt from the do-not-call rules, such as some charitable organizations, may obtain the entire list for free. Telemarketers must subscribe each year for access to the Registry numbers.
Beginning October 1, 2013, telemarketers will pay $59 for access to Registry phone numbers in a single area code, up to a maximum charge of $16,228 for all area codes nationwide. The first five area codes in a subscription will still be free. To obtain a subscription, visit https://telemarketing.donotcall.gov and click MANAGE/RENEW SUBSCRIPTIONS.
Q: What if I call someone by mistake who is on the National Do-Not-Call Registry?
There are provisions in the regulations for good-faith compliance and mistakes. Obviously, you must show that you have made reasonable efforts to comply by having written procedures and obtaining the registry for the area codes you are calling. Both the FCC and the FTC tend to look for a pattern of misconduct rather than an isolated call. However, the fines for noncompliance are $11,000 per violation.
For further information on this topic, you may link to the following website: https://www.consumer.ftc.gov/articles/0108-national-do-not-call-registry, and you can always check for the most up-to-date information on the FCC and FTC do-not-call web pages.
