United States National Do Not Call Registry

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. [ [http://www.ftc.gov/opa/2008/04/dncfyi.shtm FTC Press Release 2008: Do Not Call Registrations Permanent and Fees Telemarketers Pay to Access Registry Set] ] 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. [ [http://www.ftc.gov/opa/2007/02/dnccellphones.shtm FTC Press Release 2007: The Truth about Cell Phones and the Do Not Call Registry] ] 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. [ [http://www.ftc.gov/opa/2005/04/dnc.shtm FTC Press Release 2005: The Truth about Cell Phones and the National Do Not Call Registry] ] 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.

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 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.

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. [ [http://www.ftc.gov/bcp/edu/pubs/consumer/alerts/alt107.htm FTC Do-Not-Call Q&A] ]
* 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". [ [http://www.stoppoliticalcalls.org/ Citizens for Civil Discourse ] ]
* 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.

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, [ [http://www.ago.mo.gov/newsreleases/2006/032706.htm Company selling films used non-profit organization as front to try to circumvent state No Call law, Nixon says ] ] but the operation continues in other states.

Enforcement

Complaints concerning telemarketing calls to homes and personal cell phones can be made to the Federal Communications Commission. [ [http://www.fcc.gov/cgb/complaints_general.html FCC CGB General Complaints Form 475] ] and the Federal Trade Commission [ [https://www.donotcall.gov/Complain/ComplainCheck.aspx FTC National Do Not Call Registry, File a Complaint] ]

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. [47 CFR § 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. [ [http://www.fcc.gov/cgb/complaints_general.html FCC CGB General Complaints Form 475] ]

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 prohibit 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. [http://www.govtrack.us/congress/bill.xpd?bill=h110-3541]

See also

* Australian Do Not Call Register
* Autodialer
* British Telephone Preference Service
* Canadian Do Not Call List
* India - National Do Not Call Registry
* New Zealand Name Removal Service
* Predictive dialer
* Robinson list
* Robocalls
* Telemarketing

References

External links

* [http://www.donotcall.gov/ Donotcall.gov Registration page]
* [http://www.americaninbound.com/blog/2008/02/14/get-rid-of-your-telemarketing-problem-once-and-for-all/ US Do Not Call Lists By State] : Updated List (2/14/08) of states that do and do not have separate no-call lists with links to their online registries.
* [http://ago.mo.gov/nocalllaw/nocalllaw.htm Missouri No Call home page] Missouri residents may also register their number on the Missouri No Call List.