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On June 27, 2003 the U.S. Federal Trade Commission opened the National Do Not Call Registry in order to comply with the Do-Not-Call Implementation Act.
This registry is intended to give U.S. consumers an opportunity to limit the telemarketing calls they receive. Starting October 1, 2003, when the National Do Not Call Registry was first enforced, most telemarketers were required to remove the telephone numbers on the registry from their call lists.
Telemarketers covered by the National Do Not Call Registry have up to 31 days (starting January 1, 2005) from the date one registers to stop calling the consumer.
Most telemarketers cannot call one's telephone number if it is in the National Do Not Call Registry. One can register their home and mobile phone numbers for free. Their registration will be effective for five years.
If one registered June 27 – August 31 2003, most telemarketers had to stop calling and the consumer may file a complaint after October 1, 2003. If one registered on or after September 1 2003, most telemarketers had to stop calling and the consumer may file a complaint three months after they register.
Legal challenges
The no call list was slated to take effect on October 1, 2003 but two federal district court decisions have affected it. One, from Oklahoma, is easily overcome by special legislation giving the FTC specific jurisdiction over the matter. The other, from Colorado, revolves around questions of regulation of commercial speech and may delay implementation of the list.
President Bush signed a bill authorizing the no call list to go ahead in the waning days of September 2003.
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, telemarketing calls. A person may still receive calls from political organizations, charities, telephone surveyors or companies with which he or she has an existing business relationship.
Political solicitations are not covered by the National Do Not Call Registry. Telemarketers calling to solicit charitable contributions are not covered by the registry, but if one makes a request to a specific organization that they do not call in the future, they are required to honor that request. If they subsequently call again, they may be subject to a fine of up to $11,000 USD.
If the call is really for the sole purpose of conducting a survey, it is not covered. Only telemarketing calls are covered – that is, calls that solicit sales of goods or services. Callers purporting to take a survey, but also offering to sell goods or services, must comply with the National Do Not Call Registry.
Even if Joe Blow puts his number on the National Do Not Call Registry, a company with which he has an established business relationship may call for up to 18 months after his last purchase or delivery from it, or his last payment to it, unless he specifically asks the company not to call again. (In that case, the company must honor the request not to call. If they subsequently call him, they may be subject to a fine of up to States dollar|$" target="_blank" >*11,000 USD.) Also, if one makes an inquiry to a company or submits an application to it, for three months afterwards, the company can call. If one makes a specific request to that company not to call them, however, then the company may not call, even if you have an established business relationship with that company.
If one does not want to put a number on the national registry, they can still prohibit individual telemarketers, one by one, from calling by asking the telemarketer to put them on their company’s do-not-call list.
Despite a spate of emails warning to the contary, cell phone numbers need not be included on the National Do Not Call Registry to avoid unsolicited calls. FCC regulations already in place prohibit telemarketers from calling any cellular phone number. Experts tell media sources that the false email turned urban legend probably started because cellular companies are developing wireless directory. However, cell numbers will not be included in the list unless consent is given.
See also
External links
"United States National Do Not Call Registry"