United States National Do Not Call Registry

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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. An individual may register their home and mobile phone numbers for free for a period lasting five years and may re-register in advance of registry expiration to maintain continuous protection. 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. 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. 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.

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

Companies such as Call Compliance have created ways to help telemarketers by blocking calls they make to Do Not Call numbers

Legal challenges

The do-not-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 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.

Some businesses have found that the use of overseas independent sales agents, whose actions can be denied by the beneficiaries, circumvent this law with almost no recourse available to consumers. Most famously, DISH Network began a sales drive in 2005 that blanketed individuals with calls from India pushing pay-TV packages, sometimes even threatening those who would not purchase. The combination of offshore sales centers and independent sales agents has so far been successful at circumventing the Do Not Call Registry.

Exceptions to the do-not-call rule

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.
A person may still receive calls from political organizations.

The organization Citizens for Civil Discourse has announced plans 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".

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 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.

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 , but the operation continues in other states.

Another problem with the Do-Not-Call legislation is that US telemarketers call outside the US to places like Canada but are not subjected to enforcement either in the US or in Canada and the US government Do Not Call List does not accept registrations of Canadian numbers so Canadians are forced to accept calls from American telemarketers that Americans only can block. There is no explanation on the website as to why Canadian numbers cannot be added to the list.

Enforcement

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

References

External links

Donotcall.gov Registration page
Missouri No Call home page Missouri residents may also register their number on the Missouri No Call List.
Citizens For Civil Discourse, The National Political Do Not Contact Registry